The Minister for the Environment and Local Government, in
exercise of the power conferred on him by section 2 of the Referendum Act, 1998
(No. 1 of 1998), hereby orders as follows:

1. This order may be cited as the Referendum Commission
(Establishment) Order, 1998.

2. A Referendum Commission is hereby established to
undertake the functions assigned to it by the Referendum Act, 1998.

3. The date hereof the making of this order is hereby
appointed as the day for the purposes of section 2(5).

GIVEN under the Official Seal of the Minister for the
Environment and Local Government, this 2nd day of March, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

This order establishes a referendum commission to prepare
and distribute to the electorate, statements for and against the 18th Amendment
to the Constitution, and to foster, promote and facilitate debate on the
proposal.

S.I. No. 103 of 1998. REFERENDUM ACT, 1994

S.I. No. 103/1998: REFERENDUM (BALLOT PAPER) ORDER, 1998.

The Minister for the Environment and Local Government, in
exercise of the powers conferred on him by section 24 of the Referendum Act,
1994 (No. 12 of 1994), hereby makes the following order, a draft of which has
been approved by a resolution passed by each House of the Oireachtas:

1. This order may be cited as the Referendum (Ballot
Paper) Order, 1998.

2. "CONRADH AMSTARDAM— TREATY OF AMSTERDAM"
shall be included at the beginning of the front of the ballot paper to be used
at the referendum on the Eighteenth Amendment of the Constitution Bill, 1998.

GIVEN under the Official Seal of the Minister for the
Environment and Local Government, this 8th day of April, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

This order allows for the wording "CONRADH AMSTARDAM
— TREATY OF AMSTERDAM" to be included at the beginning of the ballot paper
to be used at the referendum on the Eighteenth Amendment of the Constitution
Bill, 1998.

The Minister for the Environment and Local Government, in
exercise of the power conferred on him by section 2 of the Referendum Act, 1998
(No. 1 of 1998), hereby orders as follows:

1. This order may be cited as the Referendum Commission
(Establishment) (No. 2) Order, 1998.

2. A Referendum Commission is hereby established to
undertake the functions assigned to it by the Referendum Act, 1998 in relation
to the proposal for the amendment of the Constitution contained in the
Nineteenth Amendment of the Constitution Bill, 1998.

3. The date hereof the making of this order is hereby
appointed as the day for the purposes of section 2(5).

GIVEN under the Official Seal of the Minister for the
Environment and Local Government, this 22nd day of April, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

This order establishes a referendum commission to prepare
and distribute to the electorate, statements for and against the 19th Amendment
to the Constitution, and to foster, promote and facilitate debate on the
proposal.

S.I. No. 122 of 1998.

REFERENDUM ACT, 1994

S.I. No. 122/1998: REFERENDUM (SPECIAL DIFFICULTY) ORDER,
1998.

The Minister for the Environment and Local Government, in
exercise of the powers conferred on him by section 164(1) of the Electoral Act,
1992 hereby orders as follows:

1. This order may be cited as the Referendum (Special
Difficulty) Order, 1998.

2. In this order—

"the Act of 1992" means the Electoral Act, 1992;

"the referenda" means the referenda to be held
on the proposals for the amendment of the Constitution contained in the
Eighteenth Amendment of the Constitution Bill, 1998 and in the Nineteenth
Amendment of the Constitution Bill, 1998.

3. For the purposes of the referenda on the proposals
contained in the Eighteenth Amendment of the Constitution Bill, 1998 and in the
Nineteenth Amendment of the Constitution Bill, 1998 the polls at which are to
be taken on the 22nd day of May, 1998, section 23(1) of the Referendum Act,
1994 shall have effect as if there were inserted after paragraph (a) thereof
the following paragraph:

"(aa) Notwithstanding paragraph (a), where by reason
of the extent of the matters proposed for amendment in the referenda it would
not be practical or possible to include the same as provided in that paragraph
in a polling information card, the statements in relation to the proposals the
subject of the referenda may be supplied in a separate document and such
document shall include the notice set out in the Table to this paragraph and
shall for the purposes of subsections (2), (3) and (4) of section 92 of the Act
of 1992 (as applied by section 32 of the Referendum Act, 1994) be deemed to be
a polling information card.

Table

EIGHTEENTH AMENDMENT OF THE CONSTITUTION BILL, 1998

NINETEENTH AMENDMENT OF THE CONSTITUTION BILL, 1998

Statements for the information of voters pursuant to
section 23 of the Referendum Act, 1994, in relation to the proposals to amend
Article 29 of the Constitution, which are contained in the Eighteenth Amendment
of the Constitution Bill, 1998 and in the Nineteenth Amendment of the
Constitution Bill, 1998 and are the subject of constitutional referenda on 22
May, 1998.

Local Returning Officer.

GIVEN under the Official Seal of the Minister for the
Environment and Local Government, this 23rd day of April, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

This order provides for the sending of a copy of the
statements for the information of voters relating to the proposals for the
amendment of the Constitution contained in the Eighteenth Amendment of the
Constitution Bill, 1998 and in the Nineteenth Amendment of the Constitution
Bill, 1998 to electors separately from the polling information card.

The Minister for the
Environment and Local Government, in exercise of the powers conferred on him by
section 165 of the Electoral Act; 1992 (No. 23 of 1992), in order to give
effect to the said section 165 in relation to the polls to be taken at the Presidential
election and the referendum hereby makes the following Regulations: .

1 Citation

1.These Regulations
may be cited as the Presidential Election and Referendum Regulations, 1997.

"presidential
election" means the extraordinary presidential election rendered necessary
by the vacancy in the office of President, the poll at .which is to be taken on
the 30th day of October, 1997;

"referendum"
means the referendum on, the Seventeenth Amendment of the Constitution to be
held on the 30" day of October, 1997.

(2)References in these Regulations to a local
returning officer shall be construed as including references to a deputy or
acting local returning officer.

]3 Application of Regulations

3.(1)Subject to sub-article (2) of this article,
these 'Regulations shall have effect in relation to the presidential election
and the referendum.

(2)Where in the circumstances referred to in
section 31 of the act of 1993, the poll at the presidential election is not
taken or completed on the polling day appointed under section 6 of the said
Act, these Regulations shall not apply in relation to the fresh election to be
held under the said section 31.

4 Polling Information Cards

4.A polling
information card shall not be sent under section 92 of the Act of 1992 (as
applied to a presidential election by section 39 of the act of 1993) to an
elector to whom a polling card is to be sent under the said section 92 of the
said Act of 1992 (as applied to a referendum by section 32 of the . Act of
1994).

5 Special voting

5.(1)The same person shall be appointed as special
presiding officer for the presidential election and the referendum for the
purposes of Part IV of the Act of 1992 (as applied to a presidential election
by section 41 of the act of 1993 and as applied to a referendum by section 29
of the Act of 1994) and the functions of the said special presiding officer
under the said Part IV of the Act of 1992 as so applied shall be performed by
him or her at the same time in respect of the presidential election and the
referendum.

(2)Where the ballot papers and related documents
referred to in section 81 of the Act of, 1992 (as applied to a presidential
election by section 41 of the act of 1993 and as applied to a referendum by
section 29 of the Act of 1994) in relation to the presidential election and to
the referendum are delivered to special voters under section 82 of the said Act
of 1992 as so applied:

( a )a single declaration of, identity shall be
completed by the special voter;

( b )the completed ballot papers for each poll shall
be put in a single ballot paper envelope by the elector; and

( c )the special presiding officer shall place the
ballot paper envelope and the completed declaration of identity in a single
covering envelope which he or she shall seal and to which he or she shall affix
a label in the prescribed form signed by the special presiding officer and the
member of the Garda Síochána.

6 Postal Voting

6.(1)Where ballot papers and related documents are
to be sent to a postal voter both under section 68 of the Act of 1992 (as
applied to a presidential election by section 40 of the act of 1993) and under
the said section 68 (as applied to a . referendum by section 28 of the Act of
1994):

( a )the ballot papers and documents shall be
enclosed in a single covering envelope addressed to the postal voter;

( b )a single covering envelope addressed to the
local returning officer shall be provided for the return of the documents by
the postal voter; and

( c )a single form of receipt or declaration of
identity, as may be appropriate, and a single ballot paper envelope shall be
sent to each postal voter.

7 Provisions relating to taking of poll

7.The following
provisions shall have effect in relation to the taking of the polls in a
polling station:

( a )the same person shall be appointed to be the
presiding officer at each poll;

( b )the same copy of the register of electors shall
be used for each poll and, where appropriate, the register shall be marked to
indicate the poll or polls in respect of which a ballot . paper is delivered to
each elector.

8 Modification of the Act of 1992

8.(1)In relation to the presidential election and
the referendum:'

( a )section 15A(4) and 15B(4)' shall have effect as
if "30"' day of September, 1997" was substituted for "date
of the order appointing polling day"; and

( b )sections 15A(5) and 15B(5) shall have effect as
if "30'" day of September, 1997" was substituted for "date
on which the order appointing polling day." and "is made" was
deleted.

(2)Part XVIII of the Act of 1992 (as applied to a
referendum by section 33 of the Act of 1994) shall have effect in relation to
the referendum as if "shall as soon as practicable" was substituted
for "then" in section 114(3) and "forthwith" was deleted
from the said section.

GIVEN under the Official Seal of the Minister for the
Environment and

Local Government
this 30th day of September, 1997.

NOEL
DEPMSEY________________________

Minister for the Environment and Local Government.

EXPLANATORY NOTE

These regulations
make certain provisions in relation to the presidential election and the
referendum on the Seventeenth Amendment of the Constitution (No. 2) Bill, 1997
in order to facilitate the taking of the polls on the same day.

S.I. No. 345 of 1996.

S.I. No. 345/1996: REFERENDUM (SPECIAL DIFFICULTY) ORDER,
1996.

I, Michael D.
Higgins, Minister for Arts, Culture and the Gaeltacht being the member of the
Government nominated pursuant to section 7(1) of the Ministers and Secretaries
(Amendment) Act, 1939, to execute the office of the Minister for the
Environment as provided by An tOrdú um an Aire Comhsaoil (Gníomhaireacht) 1996,
hereby, in exercise of the powers conferred on the said Minister for the
Environment by section 164(1) of the Electoral Act, 1992, order as follows:

1.This Order may be
cited as the Referendum (Special Difficulty) Order, 1996.

2.In this Order
"the Referendum" means the referendum to be held on the proposal for
the amendment of the Constitution contained in the Sixteenth Amendment of the
Constitution Bill, 1996.

3.Notwithstanding
the Referendum Act, 1994, and section 85 of the Electoral Act, 1992 (as applied
by section 30 of the Referendum Act, 1994) the taking of the poll at the
referendum in the islands situate in the constituency of Galway West set out in
the Schedule to this Order shall be continued on the 28th of November, 1996
between the hours of 9.00 a.m. and 9.00 p.m.

Schedule

Inis Mhór, Inish Meán, Inish Thiar, Inisturc, Inishboffin.

GIVEN under the Official Seal of the Minister for the
Environment this 27th day of November, 1996.

MICHAEL D. HIGGINS

____________________________

Minister for the Environment.

Explanatory Note

This Order provides for the continuation of the poll on
certain islands on a day subsequent to the original polling day.

S.I. No. 128 of 1992.

S.I. No. 128/1992: REFERENDUM (SPECIAL DIFFICULTY) ORDER,
1992.

Whereas it appears
to him that, by reason of the interruption of normal postal services, there is
a special difficulty in relation to the holding of the referendum on the
purposal for the amendment of the Constitution contained in the Eleventh
Amendment of the Constitution Bill, 1992, the Minister for the Environment, in
exercise of the powers conferred on him by section 92 of the Electoral Act,
1963 (No. 19 of 1963), hereby orders as follows:

1.This Order may be
cited as the Referendum (Special Difficulty) Order, 1992.

2.In this Order—

"referendum returning officer" means the person
appointed by the Minister for the Environment under section 6 of the Referendum
Act, 1942 (No. 8 of 1942), to be the referendum returning officer at the
referendum on the proposal for the amendment of the Constitution contained in
the Eleventh Amendment of the Constitution Bill, 1992;

"local returning officer" has the same meaning
as in the Referendum Acts, 1942 to 1992;

"postal voter" means a person entitled to vote
by post at a referendum;

"the Referendum" means the referendum to be held
on the proposal for the amendment of the Constitution contained in the Eleventh
Amendment of the Constitution Bill, 1992;

"special voter" means a presidential elector
whose name is on the special voters list.

3.(1) The ballot
papers and the forms of receipt to be sent to postal voters shall be sent to
them by post or in such other manner as the local returning officer considers
appropriate.

(2) A postal voter
may deliver or send his ballot paper by post or in any other manner to the
local returning officer and a postal ballot paper which is received by the
local returning officer before the close of the poll shall not be rejected
solely on the grounds that it was not sent to the local returning officer by
post.

(3) The local
returning officer shall send to each postal voter a notification that the
ballot paper may be delivered or sent to the local returning officer by post or
in any other manner.

(4) Notwithstanding
the provisions of paragraph (c) of section 1 of the Referendum (Amendment) Act,
1992, copies of the statements referred to in paragraph (a) of the said section
1 may be delivered or sent to special voters by post or in such other manner as
the local returning officer considers appropriate and shall be so delivered or
sent as to reach the special voters not later than the time of the delivery to
them of the documents referred to in section 10 (1) of the Electoral (Amendment)
(No. 2) Act, 1986 (No. 35 of 1986).

(5) The local
returning officer, instead of sending a polling card to each elector, may take
such steps as he considers appropriate for the purpose of informing electors of
the polling day and of the place at which each elector will be entitled to
vote.

(6) The referendum
returning officer may take such steps as he considers appropriate for the
purpose of informing voters of the proposal which is the subject of the
Referendum and, in particular and without prejudice to the generality of this
sub-article, he may cause to be published in such manner as he considers
appropriate the statements set out in the Appendix to section 1 of the
Referendum (Amendment) Act, 1992.

(7) The referendum
returning officer may take such steps as he considers appropriate for the
purpose of informing voters of the provisions of section 20 of the Electoral
(Amendment) (No. 2) Act, 1986.

4.The provisions of
the Referendum Acts, 1942 to 1992, and of the Regulations made thereunder as respects
the matters referred to in Article 3 are hereby accordingly adapted and
modified in relation to the Referendum to the extent necessary to give effect
to the provisions of the said Article 3.

GIVEN under the Official Seal of the Minister for the
Environment this

27th day of May, 1992.

MICHAEL SMITH,

Minister for the
Environment.

EXPLANATORY NOTE.

This Order makes
provision in respect of certain difficulties which have arisen, by reason of
the interruption of normal postal services in relation to the holding of the
Referendum on the Eleventh Amendment of the Constitution Bill, 1992.

S.I. No. 340 of 1992.

S.I. No. 340/1992: THE DÁIL ELECTION AND REFERENDA
REGULATIONS, 1992.

The Minister for the
Environment, in exercise of the powers conferred on him by section 91 of the
Electoral Act, 1963 (No. 19 of 1963), as amended by section 21 of the European
Assembly Elections Act, 1977 (No. 30 of 1977), and section 2 of the Electoral
(Amendment) Act, 1989 (No. 8 of 1989) in order to give effect to the said
section 91 in relation to the polls to be taken at the Dáil election and the
referenda hereby makes the following Regulations:

1 Citation.

1.These Regulations
may be cited as the Dáil Election and Referenda Regulations, 1992.

"Dáil election" means the general election for
members of the Dáil to be held as a consequence of the proclamation issued on
the 5th day of November, 1992 dissolving Dáil Éireann, the poll at which is to
be taken on the 25th day of November, 1992;

"the Dáil returning officer" means the person
who, pursuant to section 11 of the Act of 1963, as amended by section 1 of the
Act of 1986, is the returning officer for the Dáil constituency;

"referenda" means the referenda on the Twelfth,
Thirteenth and Fourteenth Amendments of the Constitution to be held on the 25th
day of November, 1992 and "referendum" shall be construed as
referring to a referendum on any of the said amendments.

(2) References in
these Regulations to a returning officer shall be construed as including
references to a deputy or acting returning officer.

3 Application of Regulations.

3.(1) Subject to
subarticle (2) of this article, these Regulations shall have effect in relation
to the Dáil election and the referenda.

(2) Where in the
circumstances referred to in section 32 of the Act of 1963, the poll at the
Dáil election is not taken or completed on the polling day appointed under
section 24 of the said Act, these Regulations shall not apply in relation to
the fresh election to be held under the said section 32.

4 Polling Cards.

4.A polling card
shall not be sent under section 23 of the Act of 1963 to an elector to whom a
polling card is to be sent under section 64 of the said Act.

5 Special Voting.

5.(1) The same
person shall be appointed as special presiding officer for the Dáil election
and the referenda for the purposes of the No. 2 Act of 1986, and the functions
of the said special presiding officer under that Act shall be performed by him
at the same time in respect of the Dáil election and each referendum.

(2) Where the ballot
papers and related documents referred to in section 10 of the No. 2 Act of 1986
in relation to the Dáil election and to the referenda are delivered to the
special voters under section 11 of the said No. 2 Act of 1986:

( a )a single declaration of identity shall be
completed by the special voter;

( b )the completed ballot papers for each poll shall
be put in a single ballot paper envelope by the elector, and

( c )the special presiding officer shall place the
ballot paper envelope and the completed declaration of identity in a single
covering envelope which he shall seal and to which he shall affix a label in
the prescribed form signed by himself and the member of the Garda Síochána.

6 Postal Voting.

6.(1) Where ballot
papers and related documents are to be sent to a postal voter both under
section 21 of the Act of 1923 (substituted by section 8 of the Act of 1960) and
under section 20 of the Act of 1942, as amended by section 69 of the Act of
1963:

( a )the ballot papers and documents shall be
enclosed in a single covering envelope addressed to the postal voter;

( b )a single covering envelope addressed to the
returning officer shall be provided for the return of the documents by the
postal voter, and

( c )a single form of receipt and a single ballot
paper envelope shall be sent to each postal voter.

7 Provisions relating to taking of poll.

7.The following
provisions shall have effect in relation to the taking of the polls in a
polling station:

( a )the same person shall be appointed to be the
presiding officer at each poll;

( b )the same copy of the register of electors shall
be used for each poll and the register shall be marked to indicate the poll or
polls in respect of which a ballot paper is delivered to each elector;

( c )the following questions shall be substituted
for those set out in sections 26 (2) (b) and 70 (2) (b) of the Act of 1963—

"(i)Are you at the same person as the person whose
name appears as... on the register of electors now in force for the
constituency of. . . . . . . ?

(ii)Have you already voted at this election? (or —
at the referenda? - as the case may be)

(iii)Had you reached the age of eighteen years on
the 15th day of April, 1992?"

( d )the following oath (or affirmation) shall be
substituted for the oath (or affirmation) set out in section 26 (2) (c) and 70
(2) (c) of the Act of 1963—

"I swear by
Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the
case may be) that I am the same person as the person whose name appears as . .
. on the register of electors now in force for the constituency of . . . . and
that I have not already voted at this election (or — at these referenda — as
the case may be) and that I had attained the age of eighteen years on 15th
April, 1992.".

8 Modification of the Act of 1942.

8.The Act of 1942
shall have effect as if in the First Schedule "shall as soon as
practicable" were substituted for "then" in Rule 24 (substituted
by section 78 of the Act of 1963).

GIVEN under the Official Seal of the Minister for the
Environment this 17th day of November, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations
make certain provisions in relation to the Dáil election and the referenda in
order to facilitate the taking of the polls on the same day.

I, BERTIE AHERN,
Minister for Finance, in exercise of the powers conferred on me by section 12
(5) of the Referendum Act, 1942 (No. 8 of 1942), (as extended by section 64 (4)
of the Electoral Act 1963 (No. 19 of 1963)), and section 25 (5) of the
Electoral Act, 1923 (No. 12 of 1923), (as extended by section 23 (4) of the
Electoral Act, 1963 (No. 19 of 1963) and by section 26 (2) of the Electoral
(Amendment) (No. 2) Act, 1986 (No. 35 of 1986)), hereby make the following
Regulations:

1.These Regulations
may be cited as the Returning Officers' Charges (12th, 13th and 14th Amendments
of the constitution and General Election to Dáil Éireann) Regulations, 1992.

2.In these
Regulations—

"Dáil Election" means a General Election within
the meaning of section 65 of the Electoral Act 1923 (No. 12 of 1923), as
amended by section 9 (1) of the Electoral Act 1963 (No. 19 of 1963);

"the Referendums" means, the referendums on the
proposals for the amendment of the Constitution contained in the Twelfth,
Thirteenth and Fourteenth Amendments of the Constitution Bills, 1992;

"Dáil returning officer" means, a person who,
pursuant to section 11 (1) of the Electoral Act 1963 (No. 19 of 1963), as
amended by section 1 of the Electoral (Amendment) Act 1986 (No. 12 of 1986), is
the returning officer for a Dáil Constituency;

"local returning officer" means, a person who,
pursuant to section 6 of the Referendum Act 1942 (No. 8 of 1942) is the
referendum returning officer for the constituency.

"accounts" means the accounts of a Dáil or local
returning officer in respect of services and expenses which have been properly
rendered or incurred by such officers for the purposes of or in connection with
a referendum or general election;

"electors" means—

( a )in relation to the ascertainment of the maximum
sum payable to a local returning officer, the number of persons registered in
the register of Presidential electors for the constituency in which such
officer is the local returning officer;

( b )in relation to the ascertainment of the maximum
sum payable to a Dáil returning officer, the number of persons registered in
the register of Dáil electors for the constituency in which such officer is the
Dáil returning officer;

"constituency" means any constituency named in
the Schedule to the Electoral (Amendment) Act, 1990 (No. 36 of 1990).

3.The scale of
maximum charges for the purposes of—

( a )section 25 of the Electoral Act 1923 (No. 12 of
1923) as extended by section 23 (4) of the Electoral Act 1963 (No. 19 of 1963)
and by section 26 (2) of the Electoral Amendment (No. 2) Act, 1986 (No. 35 of
1986), and

shall, as respects the Referendums and Dáil Election, be
the scale set out in the Schedule to these Regulations.

4.The accounts shall
be rendered to the Minister for Finance by being sent to the Accountant,
Department of Finance, Accounts Branch, Setanta Centre, Nassau Street, Dublin
2, within a period of 26 weeks beginning on the 25th November 1992.

The accounts shall
be accompanied by a declaration made and subscribed by the returning officer
rendering them and every such declaration shall be in the following form:

"I hereby
declare that, to the best of my knowledge and belief, the accounts which are
rendered by me in respect of the services and expenses rendered or incurred by
me and accompany this declaration are correct.

Signed,".

5.In the case of
disbursements which have already been settled, vouchers and receipts shall be
submitted with the accounts and, in the case of charges which have not been
settled, the relevant bills or other documents shall be submitted with the
accounts,

6.The accounts shall
classify and show the disbursements and other charges claimed, together with
their totals, in the same manner as the charges allowable under these
Regulations are classified in the scale of maximum charges set out in the
Schedule to these Regulations.

7.In rendering the
accounts due regard shall be had to any directions issued by the Minister for
Finance to local and Dáil returning officers with reference to the particulars
and information to be furnished in support of claims for payments out of the
Central Fund.

8.Nothing in these
Regulations shall be taken as authorising more than one charge in respect of a
particular disbursement.

9.The scale of
maximum charges to be paid to local returning officers prescribed by the
Referendum (Local Returning Officers' Charges) Regulations 1992 (S.I. 145 of
1992) shall not apply to any referendum held after June 1992.

10.The scale of
maximum charges to be paid to Dáil returning officers prescribed by the
Returning Officers' and Local Returning Officers' Charges Order 1987 (S.I. No.
132 of 1989) shall not apply to any Dáil Election held after 1989.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

PART I.

General.

1.References in this
Scale to returning officers include, where appropriate, references to deputy
and acting local returning officers and Deputy and acting Dáil returning
officers.

2.No payment shall
be made for any of the services referred to in Parts II, III and IV of this
Scale to more than one person in respect of the same constituency or portion of
a constituency.

PART II.

Services of Dáil Returning Officers in contested
elections.

3.For conducting the
election and generally performing all the duties which a returning officer is
required by law to perform (other than duties in connection with the matters
specifically provided for in the subsequent paragraphs of this Part):

For every complete
100 electors or fraction thereof exceeding one-half:

£

Up to 100,000
electors...............................................................................................2.32

provided that where a person performs duties of a
returning officer for more than one constituency, or for portions of more than
one constituency, all the constituencies or portions of constituencies for
which he performs those duties shall, for the purposes of the foregoing
provisions of this paragraph, be deemed to be a single constituency.

Up to 30,000
electors...............................................................................................100.00

For each 1,000 electors over 30,000..........................................................................2.90

7.(1) For all duties
appertaining to the counting of the votes in a constituency:

For the first 50,000
electors.......................................................................................275.00

For each complete 1,000 electors, or fraction thereof
exceeding one-half, in

excess of
50,000............................................................................................................2.32

(2) In the event of
a re-examination and re-count under paragraph (1B) (inserted by section 39 of
the Electoral Act, 1963) of Rule 10 of the Third schedule to the Electoral Act,
1923, there shall be paid in respect thereof such sums as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b)
remuneration for the original count.

8.For all duties
appertaining to Special Voters;

£

For every complete 100 special voters or fraction thereof

exceeding one half, on the special voters list .........................................................21.40

Subject to a minimum fee
of...................................................................................53.00

PART III.

Services of Dáil Returning Officers in uncontested
elections.

9.One-third of the
appropriate fee mentioned in paragraph 3 of this Scale.

10.The appropriate
fee mentioned in paragraph 4 of this Scale.

PART IV.

Services of Local Returning Officers (for the
referendums).

11.For performing
all the duties which a local returning officer is required by law to perform in
connection with the Referendums (other than the duties in connection with the
matters specially provided for at paragraphs (12), (13), (14) and (15) below):

For every complete 100 of the electors or fraction thereof
exceeding one-half:—

£

Up to 100,000
electors.............................................................................................2.10

provided that where a person performs duties of a local
returning officer for more than one constituency, or for portions of more than
one constituency, all the constituencies or portions of constituencies for
which he performs those duties shall, for the purpose of the foregoing
provision, be deemed to be a single constituency.

on the
register............................................................................................................16.00

Subject to a minimum fee
of....................................................................................48.00

13.For all duties
appertaining to special voters:

£

For every complete 100 special voters, or fraction thereof
exceeding one half,

on the special voters
list.............................................................................................21.40

Subject to a minimum fee
of......................................................................................53.00

14.For all duties
appertaining to the counting of the votes in a
constituency..............................................................................................................440.00

15.In the event of a
re-examination and re-count of votes under Rule 26 of the First Schedule of the
Referendum Act, 1942, there shall be paid in respect thereof such sums as may
be authorised by the Minister for finance based on (a) the time spent thereon
and (b) remuneration for the original count.

(These fees cover
any payments made to a deputy local returning officer for the discharge of any
duties of a local returning officer which may be assigned to him.)

PART V.

Disbursements of Dáil Returning Officers in contested
elections.

16.Remuneration of
persons engaged in the segregation of ballot papers and the verification of
ballot paper accounts:

£

Up to 50,000
electors.....................................................................................1,000.00

For each additional 1,000 electors
thereafter..................................................10.00

withdrawn exceeds by one or two the number of candidates
to be elected................3.25

(ii)where that number exceeds by three, four or
five the

number of candidates to be
elected..........................................................................3.40

(iii)where that number exceeds by six or more the

number of candidates to be
elected...........................................................................3.50

(2) The total sum
payable, as ascertained in accordance with the foregoing sub paragraph, may be
increased by one-twentieth in respect of each count (as defined in Rule 12 (9)
of the Third Schedule to the Electoral Act, 1923) beyond seven, provided that:

( a )where, under Rule 7 (2) of that Schedule, the
returning officer in one operation excludes two or more lowest candidates,
those exclusions, although carried out separately, shall be regarded as one
count only, and

( b )no operation shall be regarded as a count
unless an actual transfer of papers—

(i)either is required to be made or would, but for
Rule 6 (5) (a) of the said Third Schedule be required to be made, and

(ii)is made.

(3) The total sum
ascertained in accordance with sub-paragraphs (1) and (2) of this paragraph,
with an additional sum of £60.00 for supervision and £30.00 for calculations
and transfer work, shall be divided at the discretion of the returning officer
between all competent persons appointed to assist him in counting the votes.

(4) In the event of
a re-examination and re-count under paragraph (IB) inserted by section 30 of
the Electoral Act, 1963) of Rule 10 of the Third Schedule to the Electoral Act,
1923, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon, and (b)
remuneration for the original count.

PART VI.

Disbursements of Dáil Returning Officers in uncontested
elections.

18.The Whole
Election.

(a)Preliminary work
undertaken in anticipation of a contest, including clerical, legal and other
assistance.Actual and necessary cost
subject to the limits set out in Part V of this Scale.

(b)The assistance of
a special legal assessor employed by the returning officer with the prior
consent of the Minister for the environment.Such
sum as may be authorised by the Minister for Finance.

PART VII.

Disbursements of Local Returning Officers.

19.Counting of Votes
in each referendum:

£

Up to 50,000
electors............................................................................................780.00

For each complete 1,000 electors in excess of 50,000
............................................15.60

(The total sum shall be divided at the discretion of the
local returning officer between all competent persons appointed to assist him
in counting the votes).

PART VIII.

Disbursements of Dáil and Local Returning Officers
(General).0

20.Taking the Polls
at the General Election and Referendums:

(1) Each special
presiding officer — to cover all expenses, other than travelling expenses and
subsistence allowances, authorised in this Scale:

£

For a full-day (minimum 6 hours)86.00

For a shorter periods—per hour14.33

£

(2)(i)Each presiding officer — to cover all expenses,

other than travelling expenses and subsistence allowances,

authorised in this Scale
...........................................................................................77.00

(ii)One additional presiding officer appointed by
the local returning officer for each polling place where the number of polling
stations exceeds four ...86.00

(3) Poll Clerks —
for all expenses, other than travelling expenses and subsistence allowances
authorised in this Scale:

Where the number of Clerks equals the number of polls
.........................................35.00

Where the number of Clerks is one less than the number of
polls ............................42.00

Where the number of Clerks is two less than the number of
polls ...........................48.50

Where the number of clerks is three less than the number
of polls ..........................56.00

(4) A local
returning officer may appoint one emergency presiding officer in a constituency
who may be paid a retaining fee of £25.30 to be increased to the full
appropriate fee if he is necessarily employed as a presiding officer, and in
the case of a constituency not situate in one county only, if it consists of
parts situate in two counties, two emergency presiding officers may be so
appointed and paid and if it consists of parts situate in three counties, three
emergency officers may be so appointed and paid.

21.Miscellaneous.

( a )(i)Clerical,
legal and other assistance employed by the returning officer for the purposes
of the Referendums and the General Election —excluding any services for which
payment is otherwise authorised by this Scale - and for all expenses of the
returning officer not otherwise authorised by this Scale:

for every complete 100 electors, or fraction thereof
exceeding one-half.................5.10

provided that where a person performs duties of a
returning officer for more than one constituency, or for portions of more than
one constituency, all the constituencies or portions of constituencies for
which he performs those duties shall, for the purpose of this clause, be deemed
to be a single constituency.

(ii)In respect of assistance, referred to in clause
(i) of this sub-paragraph, employed by the returning officer, £200.00 provided
that where a returning officer acts for more than one constituency, the sum
payable under this clause in respect of each constituency after the first shall
not exceed £100.00.

( b )For the assistance of a special legal assessor
employed by the local or Dáil returning Officer with the prior consent of the
Minister for the Environment.Such sum as
may be authorised by the Minister for Finance.

( c )Remuneration of persons engaged in the despatch
and receipt of ballot papers of postal and special voters for the Referendums
and Dáil Election:

£

For every complete
100 such voters, or fraction thereof exceeding

one-half, on the register for the constituency
....................................................................32.00

Subject to a minimum
of
...........................................................................84.00

( d )Dáil and Local Returning Officer's travelling
expenses and subsistence allowances where necessary to make arrangements for
the poll or otherwise in connection with the conduct of the Referendums or Dáil
Elections.The rates and conditions
normally applicable to travelling expenses and subsistence allowances of County
Registrars.

( e )Special presiding officers' travelling expenses
and subsistence allowances for the performance of duties under the electoral
(Amendment) (No. 2) Act, 1986—Public
transport expenses or, where public transport is not suitable, actual and
necessary cost, subject to the conditions (if any) as may stand specified from
time to time by the Minister for Finance; motor mmi-league allowances for a
private car at the rate of 45p per mile (mileage and other travelling expenses
shall ordinarily be calculated as though journeys commenced at the local
returning officer's headquarters); subsistence allowances for necessary
absences on account of duty as follows:

For overnight absences (covering a period up to 24 hours,
but ordinarily not payable for an absence at any place within 15 miles of home
or the local returning officer's headquarters............£39.00

For absences of 10 hours or more (but not payable for an
absence at any place within 5 miles of home or the local returning officer's
headquarters).........................£16.40

For absences of 5 hours but less than 10 hours (but not
payable for an absence at any place within 5 miles of home or local returning
officer's headquarters)..............£6.80

( f )Travelling expenses and subsistence allowances
of presiding officers and poll clerks, excluding any expenses incurred in
conveying the ballot boxes from the polling station to the place where the
votes are counted.Public transport
expenses or, where public transport is not suitable, actual, and necessary
cost, subject to the conditions if any, as may stand specified from time to
time by the Minister for Finance: motor mileage allowances for a private car at
the rate of 45p per mile:

( g )Travelling expenses and subsistence allowances
of clerical or other assistants employed by the returning officer in connection
with conduct of the referendums and Dáil election.Subsistence allowances at the rate of £6.20 if necessarily detailed
on account of duty after 10.00 p.m. or £8.50 if so detailed after 12 midnight,
together with, in the case of persons employed more than 15 miles from home who
are necessarily detailed on account of duty for more than 5 hours, subsistence
allowance at the rate of £6.20 per day.

For overnight
absences (covering a period up to 24 hours, but ordinarily not payable for an
absence at any place within 15 miles of home or the local returning officer's
headquarters. ..............................................£35.00

( h )Conveying of polling screens, ballot boxes,
ballot papers and related articles in connection with the referendums and Dáil
election.Actual railway charges, or,
where rail service is not available, actual and necessary cost.

( i )Printing and providing ballot papers, printing
and publishing notices and other documents required in and about the
referendums and Dáil election.Cost as
charged by the Government Supplies Agency, or where printing is arranged for by
the local returning officer, the actual and necessary cost.

( j )Conveying of documents or communications on
behalf of the returning officer is connection with the referendums and Dáil
election.Actual and necessary costs
arising.

( k )Use of any building or room for the purpose of
the referendums and Dáil election.Actual
and necessary expenses arising.

(l)Fitting-up polling stations, including the
provision of voting compartments and the hire of necessary furnitureCost as charged by the Office of Public Works,
or, if the work is done locally, actual and necessary cost.

( m )Ballot boxes required to be purchased, hired or
repaired.

( n )Stamping instruments required to be purchased,
hired, altered or repaired.Cost as charged by the Government Supplies
Agency.

I, RAY MAC SHARRY,
Minister for Finance, in exercise of the powers conferred on me by section 12
(5) of the Referendum Act, 1942 (No. 8 of 1942), as extended by section 64 (4)
of the Electoral Act, 1963 (No. 19 of 1963), and by section 26 (2) of the Electoral
(Amendment) (No. 2) Act, 1986 (No. 35 of 1986), hereby order as follows:

1.This Order may be
cited as the Referendum (Local Returning Officers' Charges) Order, 1987.

2.The scale of
maximum charges for:

(a)the purposes of section 12 of the Referendum
Act, 1942 (No. 8 of 1942), as extended by section 64 (4) of the Electoral Act,
1963 (No. 19 of 1963), and by section 26 (2) of the Electoral (Amendment) (No.
2) Act, 1986 (No. 35 of 1986), and

(b)in the case of the Referendum in relation to
the Tenth Amendment of the Constitution Bill, 1987, the purposes of section 1
of the Referendum (Amendment) Act, 1987.

shall be the scale set out in the Schedule to this Order.

3.(1) Accounts of a
local returning officer in respect of services and expenses which have been
properly rendered or incurred by him for the purposes of or in connection with
a Referendum shall be rendered by such officer to the Minister for Finance by
being sent to the Accountant, Department of Finance, Accounts Branch, Earl
Court, Adelaide Road, Dublin 2, within the period of twenty-six weeks beginning
on the day appointed pursuant to section 8 of the Referendum Act, 1942, to be
that on which the poll at the Referendum is to be taken, and such accounts
shall be accompanied by a declaration in writing signed by such officer and in
the following form:

"I hereby
declare that, to the best of my knowledge and belief, the accounts which both
are rendered by me in respect of the services and expenses rendered or incurred
by me and accompany this declaration are correct.

Signed,

,,

(2) In the case of
disbursements in respect of claims for payment which have been settled by the
local returning officer, vouchers and receipts shall be submitted with the
accounts referred to in subparagraph (1) of this paragraph and, in the case of
claims which have not been so settled, the relevant bills or other documents
shall be submitted with the said accounts.

(3) The accounts
referred to in sub-paragraph (1) of this paragraph shall classify and show the
disbursements and other charges claimed, together with their totals, in the
same manner as the charges allowable under this Order are classified in the
scale of maximum charges set out in the Schedule to this Order.

(4) In rendering the
accounts referred to in sub-paragraph (1) of this paragraph, the local
returning officer shall, in addition to complying with the foregoing provisions
of this paragraph, have regard to any directions which for the time being stand
issued by the Minister for Finance to local returning officers with reference
to the particulars and information to be furnished in support of claims for
payments out of the Central Fund.

4. Nothing in this
Order shall be taken as authorising more than one charge in respect of a
particular disbursement.

5.The scale
prescribed by the Referendum (Local Returning Officers' Charges) Regulations,
1986 (S.I. No. 175 of 1986), shall not apply to any Referendum held after the
making of this Order.

SCHEDULE

SCALE OF MAXIMUM CHARGES

PART I

General

1.References in this
Scale to local returning officers include, where appropriate, references to
deputy and acting local returning officers.

2.In this Scale
"constituency" means any constituency named in the Schedule to the
Electoral (Amendment) Act, 1983 (No. 36 of 1983).

"electors" means, in relation to the
ascertainment of the maximum sum payable to a local returning officer, the
number of persons registered in the register of Presidential electors for the
constituency in respect of which he is the local returning officer.

3.No payment shall
be made for any of the services referred to in Parts II and III of this Scale
to more than one person in respect of the same constituency or portion of a
constituency.

PART II

Services of Local Returning Officers

4.For performing all
the duties which a local returning officer is required by law to perform in
connection with the Referendum (other than the duties in connection with the
matters specially provided for at paragraphs (5), (6), (7) and (8) below):

for every complete
100 of the electors or fraction thereof exceeding one-half;

provided that where
a person is a local returning officer for more than one constituency, or for
portions of more than one constituency, all the constituencies or portions of
constituencies for which he is local returning officer shall, for the purposes of
the foregoing provisions of this paragraph, be deemed to be a single
constituency.

8.In the event of a
re-examination and re-count of votes under Rule 26 of the First Schedule of the
Referendum Act, 1942, there shall be paid in respect thereof such sums as may
be authorised by the Minister for Finance based on (a) the time spent thereon
and (b) remuneration for the original count.

(These fees cover
any payments made to a deputy local returning officer for the discharge of any
duties of a local returning officer which may be assigned to him.)

PART III

Disbursements of Local Returning Officers

9.Taking the Poll:

(1) Each special
presiding officer — to cover all expenses, other than travelling expenses and
subsistence allowances, authorised in this Scale

(4) A local
returning officer may appoint one emergency presiding officer in a constituency
who may be paid a retaining fee of £21.00 to be increased to the full
appropriate fee if he is necessarily employed as a presiding officer, and in
the case of a constituency not situate in one county only, if it consists of
parts situate in two counties, two emergency presiding officers may be so
appointed and paid and if it consists of parts situate in three counties, three
emergency officers may be so appointed and paid.

(The total sum shall be divided at the discretion of the
local returning officer between all competent persons appointed to assist him
in counting the votes).

11.Miscellaneous

( a)(i)Clerical,
legal and other assistance employed by the local returning officer for the
purposes of the referendum — excluding any services for which payment is
otherwise authorised by this Scale — and for all expenses of the local
returning officer not otherwise authorised by this Scale:

provided that where
a person performs duties of a local returning officer for more than one
constituency, or for portions of more than one constituency, all the
constituencies or portions of constituencies for which he performs those duties
shall, for the purpose of this clause, be deemed to be a single constituency.

(ii)In respect of assistance referred to in clause
(i) of this sub-paragraph employed by the local returning officer, £180.00,
provided that where a local returning officer acts for more than one
constituency, the sum payable under this clause in respect of each constituency
after the first shall not exceed £90.00.

(b) For the
assistance of a special legal assessor employed by the local returning officer
with the prior consent of the Minister for the EnvironmentSuch sum as may be authorised by the Minister
for Finance.

(c) Remuneration of
persons engaged in the despatch and receipt of ballot papers of postal and
special voters:

(d) Local Returning
Officers' travelling expenses and subsistence allowances where necessary to
make arrangements for the poll or otherwise in connection with the conduct of
the ReferendumThe rates and conditions
normally applicable to travelling expenses and subsistence allowances of County
Registrars.

(e) Special
presiding officers' travelling expenses and subsistence allowances for the
performance of duties under the Electoral (Amendment) (No. 2) Act, 1986.Public transport expenses, or, where public
transport is not suitable, actual and necessary cost, subject to the conditions
(if any) as may stand specified from time to time by the Minister for Finance;
motor mileage allowances for a private car at the rate of 40p per mile (mileage
and other travelling expenses shall ordinarily be calculated as though journeys
commenced at the local returning officer's headquarters); subsistence
allowances for necessary absences on account of duty as follows:

For overnight
absences (covering a period up to 24 hours, but ordinarily not payable for an
absence at any place within 15 miles of home or the local returning officer's
headquarters)For absences of 10 hours
or more (but not payable for an absence at any place within 5 miles of home or
the local returning officer's headquarters)

For absences of 5 hours but less than 10 hours (but not
payable for an absence at any place within 5 miles of home or the local
returning officer's headquarters)£

31.00

13.50

5.50

(f) Travelling
expenses and subsistence allowances of presiding officers and poll clerks,
excluding any expenses incurred in conveying the ballot boxes from the polling
station to the place where the votes are counted.

(g) Travelling
expenses and subsistence allowances of clerical or other assistants employed by
the local returning officer in connection with conduct of the referendum.Public
transport expenses or, where public transport is not suitable, actual and
necessary cost, subject to the conditions (if any) as may stand specified from
time to time by the Minister for Finance; motor mileage allowances for a
private car at the rate of 40p per mile; subsistence allowances at the rate of
£5 if necessarily detained on account of duty after 10.30 p.m., or £7 if so
detained after 12 midnight; together with, in the case of persons employed more
than 15 miles from home who are necessarily detained on account of duty for
more than 5 hours, subsistence allowance at the rate of £5 per day.

(h) Conveying of
polling screens, ballot boxes, ballot papers and related articles in connection
with the referendum.Actual railway charges, or, where rail service
is not available, actual and necessary cost.

(i) Printing and
providing ballot papers, printing and publishing notices and other documents
required in and about the referendum.Cost as charged by the Stationery Office, or,
where printing is arranged for by the local returning officer, the actual and
necessary cost.

(j) Use of any
building or room for the purpose of the referendum.Actual and necessary expenses
arising.

(k) Fitting-up
polling stations, including the provision of voting compartments and the hire
of necessary furniture.

(l) Ballot boxes
required to be purchased, hired or repaired.

Cost as charged by the Office of Public Works, or, if the
work is done locally, actual and necessary cost.

I, JOHN BRUTON,
Minister for Finance, in exercise of the powers conferred on me by section 12
(5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4)
of the Electoral Act, 1963, (No. 19 of 1963)), hereby make the following
Regulations:

"accounts" means the accounts of a local
returning office in respect of services and expenses which have properly
rendered or incurred by him for the purposes of or in connection with a
Referendum;

"constituency" means any constituency named in
the Schedule to the Electoral Amendment Act, 1980 (No. 17 of 1980);

"electors" means, in relation to the
ascertainment of the maximum sum payable to a local returning officer, the
number of persons registered in the register of Dáil electors for the
constituency in respect of which he is the local returning officer.

3.The scale of
maximum charges for—

(a)the purposes of section 12 of the referendum
Act, 1942 (No. 8 of 1942), as extended by section 64 (4) of the Electoral Act,
1963 (No. 19 of 1963), and

(b)in the case of the Referendum in relation to
the Tenth Amendment of the Constitution Bill, 1986, the purposes of section 1
of the Referendum (Amendment) Act, 1986,

shall be the scale set out in the Schedule to these
Regulations.

4.(1) Accounts of a
local returning officer in respect of services and expenses which have been
properly rendered or incurred by him for the purposes of or in connection with
a Referendum shall be submitted by such officer to the Minister for Finance by
being sent to the Secretary, Department of Finance, Accounts Branch, Earl
Court, Adelaide Road, Dublin 2, within the period of twenty-six weeks beginning
on the day appointed, pursuant to section 8 of the Referendum Act, 1942 to be
that on which the poll at the Referendum is to be taken, and such accounts
shall be accompanied by a declaration in writing signed by such officer and in
the following form:

"I hereby
declare that, to the best of my knowledge and belief, the accounts which both
are rendered by me in respect of the services and expenses rendered or incurred
by me and accompany this declaration this declaration are correct.

Signed,"

(2) In the case of
disbursements in respect of claims for payment which have been settled by the
local returning officer, vouchers and receipts shall be submitted with the
accounts referred to in paragraph (1) of this Regulation and, in the case of
claims which have not been so settled, the relevant bills or other documents
shall be submitted with the said accounts.

(3) The accounts
referred to in paragraph (1) of this Regulation shall classify and show the
disbursements and other charges claimed, together with their totals, in the
same manner as the charges allowable under these Regulations are classified in
the scale of maximum charges set out in the Schedule to these Regulations.

(4) In submitting
the accounts referred to in paragraph (1) of this Regulation the local
returning officer shall, in addition to complying with the foregoing provisions
of this Regulation, have regard to any directions which for the time being
stand issued by the Minister for Finance to local returning officers with
reference to the particulars and information to be furnished in support of
claims for payments out of the Central Fund.

5.Nothing in these
Regulations shall be taken as authorising more than one charge in respect of a
particular disbursement.

6.The scale
prescribed in the Referendum (Local Returning Officers' Changes) Regulations,
1983 (S.I. No. 243 of 1983), shall not apply to any Referendum held after the
making of these Regulations.

SCHEDULE

SCALE OF MAXIMUM CHARGES

PART I

FEE TO LOCAL RETURNING OFFICER

(1) For performing
all the duties which a local returning officer is required by law to perform in
connection with the Referendum (other than the duties in connection with the
matters specially provided for at paragraphs (2), (3) and (4) below):

for every complete 100 of the electors or fraction thereof
exceeding one-half:

provided that where a person is a local returning officer
for more than one constituency or for portions of more than one constituency,
all the constituencies or portions of constituencies for which he is local
returning officer shall, for the purposes of the foregoing provisions of this
paragraph, be deemed to be a single constituency.

(2) For despatch and
receipt of ballot papers of postal voters and for despatch of polling cards to
postal voters:

(4) In the event of
a recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b) remuneration
for the original count.

(These fees cover
any payments made to a deputy local returning officer for the discharge of any
duties of a local returning officer which may be assigned to him).

PART II

DISBURSEMENTS OF LOCAL RETURNING OFFICERS

(5) Taking the poll£

(a) each presiding
officer—to cover all expenses, other than travelling expenses and subsistence
allowances authorised in this scale ... ... ... ... ...34.70

provided that where
the number of polling stations in a polling place exceeds four, £43.00 may be
paid in the case of such one (and one only) of the presiding officers as may be
designated by the local returning officer.

(b)A local returning
officer may appoint one emergency presiding officer in a constituency who may
be paid a retaining fee of £17.00 to be increased to the full appropriate fee
if he is necessarily employed as a presiding officer and in the case of a
constituency not situate in one county two emergency presiding officers may be
so appointed and paid.

(The total sum shall be divided at the discretion of the
local returning officer between all competent persons appointed to assist him
in counting the votes).

(7) Miscellaneous

(a)Clerical, legal
and other assistance employed by the local returning officer for the purposes
of the Referendum—excluding any services for which payment is otherwise
authorised by this scale—and for all expenses of the local returning officer
not otherwise authorised by this scale:

provided that where
a person performs the duties of a local returning officer for more than one
constituency, or for portions of more than one constituency, all the
constituencies or portions of constituencies for which he performs these duties
shall, for the purposes of this sub-paragraph be deemed to be a single constituency.

Together with, in
respect of assistance as aforesaid employed by the local returning officer,
£160 provided that where a local returning officer acts for more than one
constituency, the additional sum payable in respect of each constituency after
the fist shall not exceed £80.

(b)For the
assistance of a special legal assessor employed by the local returning officer
with the prior consent of the Minister for the Environment.Such sum as may be authorised by the Minister
for Finance

(c)Remuneration of
persons engaged in the despatch and receipt of postal voters' ballot papers and
despatch of polling cards to postal voters:

(d)Local returning
officers' travelling expenses where necessary to make arrangements for the poll
or otherwise in connection with the conduct of the Referendum.First-class railway expenses or, where rail
service is not available actual and necessary cost subject to such conditions
(if any) as may stand specified for the time being by the Minister for the
Public Service and subject also to the proviso that an allowance under these
Regulations in respect of any such cost shall not exceed the amount which would
be payable under the Civil Service mileage rates which are for the time being
in force were the allowance to be calculated at those rates, subsistence
allowance at the rate of £14.10 a night if necessarily absent from home on
account of duty (mileage expenses shall be calculated as though journeys were
taken from the county courthouse of the constituency).

(e)Travelling
expenses of presiding officers and poll clerks, excluding any expenses incurred
in conveying the ballot boxes from the polling station to the place where the
votes are counted.Standard-class railway
expenses or, where rail service is not available, actual and necessary cost
subject to the conditions and proviso mentioned in subparagraph (d) of this
paragraph; subsistence allowance at the rate of £4.50 a night if necessarily
detained on account of duty after 10.30 p.m., or £6.35 a night if so detained
after 12 midnight; together with, in the case of persons employed more than 15
miles from home who are necessarily detained on duty more than five hours,
subsistence allowance at the rate of £2.95 per day.

(f) Travelling expenses of clerical or other assistance
employed by the returning officer in connection with the conduct of the
Referendum.

(g)Conveying of
polling screens, ballot boxes, ballot papers, etc., in connection with the
Referendum.Actual railway charges, or
where rail service is not available, actual and necessary cost.

(h)Printing and
publishing notices, etc., required in and about the Referendum.Cost is charged by the Stationery Office, or
where printing is arranged for by the local returning officer, the actual and
necessary cost.

(i)Use of any
building or room for the purposes of the Referendum.Actual and necessary expenses arising.

(j)Fitting up
polling stations, including the provision of voting compartments and the hire
of necessary furniture.Cost as charged by
the Office of Public Works, or, if the work is done locally, actual and
necessary cost.

(k)Ballot boxes
required to be purchased, hired or repaired.

(l)Stamping
instruments required to be purchased, hired altered or repaired.Cost as charged by the Stationery Office.

I, JOHN BRUTON,
Minister for Finance, in exercise of the powers conferred on me by section 12
(5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4)
of the Electoral Act, 1963, (No. 19 of 1963)), hereby make the following
Regulations:

"accounts" means the accounts of a local
returning office in respect of services and expenses which have properly
rendered or incurred by him for the purposes of or in connection with a
Referendum;

"constituency" means any constituency named in
the Schedule to the Electoral Amendment Act, 1980 (No. 17 of 1980);

"electors" means, in relation to the
ascertainment of the maximum sum payable to a local returning officer, the
number of persons registered in the register of Dáil electors for the
constituency in respect of which he is the local returning officer.

3.The scale of
maximum charges for—

(a)the purposes of section 12 of the referendum
Act, 1942 (No. 8 of 1942), as extended by section 64 (4) of the Electoral Act,
1963 (No. 19 of 1963), and

(b)in the case of the Referendum in relation to
the Tenth Amendment of the Constitution Bill, 1986, the purposes of section 1
of the Referendum (Amendment) Act, 1986,

shall be the scale set out in the Schedule to these
Regulations.

4.(1) Accounts of a
local returning officer in respect of services and expenses which have been
properly rendered or incurred by him for the purposes of or in connection with
a Referendum shall be submitted by such officer to the Minister for Finance by
being sent to the Secretary, Department of Finance, Accounts Branch, Earl
Court, Adelaide Road, Dublin 2, within the period of twenty-six weeks beginning
on the day appointed, pursuant to section 8 of the Referendum Act, 1942 to be
that on which the poll at the Referendum is to be taken, and such accounts
shall be accompanied by a declaration in writing signed by such officer and in
the following form:

"I hereby
declare that, to the best of my knowledge and belief, the accounts which both
are rendered by me in respect of the services and expenses rendered or incurred
by me and accompany this declaration this declaration are correct.

Signed,"

(2) In the case of
disbursements in respect of claims for payment which have been settled by the
local returning officer, vouchers and receipts shall be submitted with the
accounts referred to in paragraph (1) of this Regulation and, in the case of
claims which have not been so settled, the relevant bills or other documents
shall be submitted with the said accounts.

(3) The accounts
referred to in paragraph (1) of this Regulation shall classify and show the
disbursements and other charges claimed, together with their totals, in the
same manner as the charges allowable under these Regulations are classified in
the scale of maximum charges set out in the Schedule to these Regulations.

(4) In submitting
the accounts referred to in paragraph (1) of this Regulation the local
returning officer shall, in addition to complying with the foregoing provisions
of this Regulation, have regard to any directions which for the time being
stand issued by the Minister for Finance to local returning officers with
reference to the particulars and information to be furnished in support of
claims for payments out of the Central Fund.

5.Nothing in these
Regulations shall be taken as authorising more than one charge in respect of a
particular disbursement.

6.The scale prescribed
in the Referendum (Local Returning Officers' Changes) Regulations, 1983 (S.I.
No. 243 of 1983), shall not apply to any Referendum held after the making of
these Regulations.

SCHEDULE

SCALE OF MAXIMUM CHARGES

PART I

FEE TO LOCAL RETURNING OFFICER

(1) For performing
all the duties which a local returning officer is required by law to perform in
connection with the Referendum (other than the duties in connection with the
matters specially provided for at paragraphs (2), (3) and (4) below):

for every complete 100 of the electors or fraction thereof
exceeding one-half:

provided that where a person is a local returning officer
for more than one constituency or for portions of more than one constituency,
all the constituencies or portions of constituencies for which he is local
returning officer shall, for the purposes of the foregoing provisions of this
paragraph, be deemed to be a single constituency.

(2) For despatch and
receipt of ballot papers of postal voters and for despatch of polling cards to
postal voters:

(4) In the event of
a recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b) remuneration
for the original count.

(These fees cover
any payments made to a deputy local returning officer for the discharge of any
duties of a local returning officer which may be assigned to him).

PART II

DISBURSEMENTS OF LOCAL RETURNING OFFICERS

(5) Taking the poll£

(a) each presiding
officer—to cover all expenses, other than travelling

provided that where
the number of polling stations in a polling place exceeds four, £43.00 may be
paid in the case of such one (and one only) of the presiding officers as may be
designated by the local returning officer.

(b)A local returning
officer may appoint one emergency presiding officer in a constituency who may
be paid a retaining fee of £17.00 to be increased to the full appropriate fee
if he is necessarily employed as a presiding officer and in the case of a
constituency not situate in one county two emergency presiding officers may be
so appointed and paid.

(The total sum shall be divided at the discretion of the
local returning officer between all competent persons appointed to assist him
in counting the votes).

(7) Miscellaneous

(a)Clerical, legal
and other assistance employed by the local returning officer for the purposes
of the Referendum—excluding any services for which payment is otherwise
authorised by this scale—and for all expenses of the local returning officer
not otherwise authorised by this scale:

provided that where
a person performs the duties of a local returning officer for more than one
constituency, or for portions of more than one constituency, all the
constituencies or portions of constituencies for which he performs these duties
shall, for the purposes of this sub-paragraph be deemed to be a single
constituency.

Together with, in
respect of assistance as aforesaid employed by the local returning officer,
£160 provided that where a local returning officer acts for more than one
constituency, the additional sum payable in respect of each constituency after
the fist shall not exceed £80.

(b)For the
assistance of a special legal assessor employed by the local returning officer
with the prior consent of the Minister for the Environment.Such sum as may be authorised by the Minister
for Finance

(c)Remuneration of
persons engaged in the despatch and receipt of postal voters' ballot papers and
despatch of polling cards to postal voters:

(d)Local returning
officers' travelling expenses where necessary to make arrangements for the poll
or otherwise in connection with the conduct of the Referendum.First-class railway expenses or, where rail
service is not available actual and necessary cost subject to such conditions
(if any) as may stand specified for the time being by the Minister for the
Public Service and subject also to the proviso that an allowance under these
Regulations in respect of any such cost shall not exceed the amount which would
be payable under the Civil Service mileage rates which are for the time being in
force were the allowance to be calculated at those rates, subsistence allowance
at the rate of £14.10 a night if necessarily absent from home on account of
duty (mileage expenses shall be calculated as though journeys were taken from
the county courthouse of the constituency).

(e)Travelling
expenses of presiding officers and poll clerks, excluding any expenses incurred
in conveying the ballot boxes from the polling station to the place where the
votes are counted.Standard-class railway
expenses or, where rail service is not available, actual and necessary cost
subject to the conditions and proviso mentioned in subparagraph (d) of this
paragraph; subsistence allowance at the rate of £4.50 a night if necessarily
detained on account of duty after 10.30 p.m., or £6.35 a night if so detained
after 12 midnight; together with, in the case of persons employed more than 15
miles from home who are necessarily detained on duty more than five hours,
subsistence allowance at the rate of £2.95 per day.

(f) Travelling expenses of clerical or other assistance
employed by the returning officer in connection with the conduct of the
Referendum.

(g)Conveying of
polling screens, ballot boxes, ballot papers, etc., in connection with the
Referendum.Actual railway charges, or
where rail service is not available, actual and necessary cost.

(h)Printing and
publishing notices, etc., required in and about the Referendum.Cost is charged by the Stationery Office, or
where printing is arranged for by the local returning officer, the actual and
necessary cost.

(i)Use of any
building or room for the purposes of the Referendum.Actual and necessary expenses arising.

(j)Fitting up
polling stations, including the provision of voting compartments and the hire
of necessary furniture.Cost as charged by
the Office of Public Works, or, if the work is done locally, actual and
necessary cost.

(k)Ballot boxes
required to be purchased, hired or repaired.

(l)Stamping
instruments required to be purchased, hired altered or repaired.Cost as charged by the Stationery Office.

The Minister for the
Environment, in exercise of the powers conferred on him by section 91 of the
Electoral Act, 1963 (No. 19 of 1963), as amended by section 21 of the European
Assembly Elections Act, 1977 (No. 30 of 1977), in order to give effect to the
said section 91 in relation to the polls to be taken at the Assembly election,
the Dáil bye-election and the referendum hereby makes the following
Regulations:—

1 Citation

1.These Regulations
may be cited as the European Assembly Elections, Dáil Bye-Election and
Referendum Regulations, 1984.

2 Interpretation

2.(1) In these
Regulations—

"the Act of 1942" means the Referendum Act, 1942
(No. 8 of 1942);

"the Act of 1963" means the Electoral Act, 1963;

"the Act of 1977" means the European Assembly
Elections Act, 1977;

"the Act of 1984" means the European Assembly
Elections Act, 1984 (No. 6 of 1984);

"Assembly ballot paper" means a ballot paper
used for the purpose of the Assembly election;

"Assembly constituency" means a constituency or
any of the constituencies specified in the Second Schedule to the Act of 1977;

"Assembly election" means the election of
representatives to the Assembly of the European Communities to be held on the
14th day of June, 1984;

"Assembly election rules" means the First
Schedule to the Act of 1977 as amended by the Act of 1984;

"local returning officer" means a person who is
a local returning officer pursuant to section 14(2) of the Act of 1977 and
pursuant to section 11 of the Act of 1942, as amended by section 67 of the Act
of 1963 and modified by section 2 of the Referendum (Amendment) Act, 1984 (No.
7 of 1984);

"the Dáil bye-election" means the bye-election
to fill the vacancy existing at the date of these Regulations in the Dáil
constituency of Laoighis-Offaly;

"the Dáil constituency" means the constituency
of Laoighis—Offaly specified in the Electoral (Amendment) Act, 1980 (No. 17 of
1980);

"the Dáil returning officer" means the person
who, pursuant to section 11 of the Act of 1963, is the returning officer for the
Dáil constituency of Laoighis-Offaly;

"referendum" means the referendum on the Ninth
Amendment of the Constitution Bill, 1984 to be held on the 14th day of June,
1984;

"the Minister" means the Minister for the
Environment;

(2) References in
these Regulations to a local returning officer shall be construed as including
references to a deputy or acting local returning officer.

3 Effect of Regulations

3.These Regulations
shall have effect in relation to the Dáil bye-election, the Assembly election
and the referendum.

4 Death of candidate

4.(1) Where in the
circumstances referred to in Rule 20 of the Assembly election rules, as amended
by section 7 of the Act of 1984, the poll at an Assembly election in an
Assembly constituency is not taken or completed on the polling day appointed
under section 6 of the Act of 1977, these Regulations shall not apply in
relation to the fresh Assembly election to be held under the said Rule.

(2) Where in the
circumstances referred to in section 32 of the Act of 1963, the poll at the
Dáil bye-election is not taken or completed on the polling day appointed under
section 24 of the said Act, these Regulations shall not apply in relation to
the fresh election to be held under the said section 32.

5 Deputy local returning officer.

5.(1) It shall be
lawful for a local returning officer at the Assembly election, with the consent
of the Minister, to appoint deputy local returning officers for the discharge
of all or any particular part of the duties of such local returning officer.

(2) Where the same
person is the local returning officer at the Assembly election for both a
county and a county borough or for two counties he shall appoint in respect of
one of them, a deputy local returning officer for the purposes of Rule 51A of
the Assembly election rules (inserted by section 7 of the Act of 1984) and
article 11 of these Regulations.

(3) A person shall
not be appointed under sub-article (2) of this article unless the appointment
has been approved of by the Minister.

6 Polling Cards.

6.(1) Subject to
sub-article (2) of this article in every Assembly constituency in which there
is a contested Assembly election, a polling card sent to an elector under
section 64 of the Act of 1963 or under section 1 of the Referendum (Amendment)
Act, 1984, shall contain, in addition to the statement set out in the Appendix
to the said section 1, the following statement:—

"You will
receive two ballot papers.

White Ballot Paper —
European Assembly Election

You may vote for the
candidates in the order of your choice (1, 2, 3, etc)

Green Ballot Paper —
Referendum".

(2) In the event
that the Dáil bye-election is contested a polling card sent to an elector,
whose name is on the register of electors for the county of Laoighis or the
county of Offaly under section 64 of the Act of 1963 or under section 1 of the
Referendum (Amendment) Act, 1984, shall contain, in addition to the statement
set out in the Appendix to the said section 1, the following statement:—

"You will
receive three ballot papers.

Blue Ballot Paper — Dáil Bye-Election

You may vote for the
candidates in the order of your choice (1, 2, 3, etc)

White Ballot Paper —
European Assembly Election

You may vote for the
candidates in the order of your choice (1, 2, 3, etc)

Green Ballot Paper —
Referendum"

and section 23 of the Act of 1963 shall not apply in
relation to the Dáil bye-election.

(3) A polling card
shall not be sent under Rule 28 of the Assembly election rules to an elector to
whom a polling card is to be sent under section 64 of the Act of 1963.

7 Postal Voting.

7.(1) Where ballot
papers and related documents are to be sent to a postal voter both under Rule
26 of the Assembly election rules and under section 20 of the Act of 1942, as
amended by section 69 of the Act of 1963, the ballot papers and documents shall
be enclosed in a single covering envelope addressed to the postal voter and a
single covering envelope addressed to the local returning officer shall be
provided for the return of the documents by the postal voter.

(2) The form of
receipt for a ballot paper shall indicate whether it relates to the Assembly
election, the Dáil bye-election or the referendum.

8 Polling on islands.

8.In relation to the
referendum:

(a)section 65 of the Act of 1963 which provides
for advance polling on islands because of weather or transport difficulties
shall not apply;

(b)Rule 33 of the Assembly election rules, as
modified by article 12 of these Regulations, shall apply in the same manner as
it applies to the Assembly election.

9 Provisions relating to taking of poll.

9.The following
provisions shall have effect in relation to the taking of the polls in a
polling station:

(a)the same person shall be appointed to be the
presiding officer at each poll;

(b)the same copy of the register of electors shall
be used for each poll and the register shall be marked to indicate the poll or
polls in respect of which a ballot paper is delivered to each elector;

(c)where one of the polls is the poll at the
bye-election, a separate ballot box shall be provided for such poll and at the
close of poll such box shall be delivered to the Dáil returning officer;

(d)the following questions shall be substituted
for those set out in Rule 47(1)(b) of the Assembly election rules and sections
26(2)(b) and 70(2)(b) of the Act of 1963—

(i)Are you the same person as the person whose
name appears as AB on the register of electors now in force for the county
(county borough) of...............................................?

(ii)Have you already voted at this election? (or —
at this referendum? — as the case may be)

(iii)Had you reached the age of eighteen years on
the 15th day of April, 1984?

and (in the case only of a person who applies for an
Assembly ballot paper)

(iv)Are you either or both of the following

(a)a citizen of Ireland,

(b)a national of a Member State of the European
communities other than Ireland?

(e)the following oath (or affirmation) shall be
substituted for the oath (or affirmation) set out in Rule 47(1)(c) of the Assembly
election rules and section 26(2)(c) and 70(2)(c) of the Act of 1963.

"I swear by
Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the
case may be) that I am the same person as the person whose name appears as AB
on the register of electors now in force for the county (or county borough) of ......................
and that I have not already voted at this election (or — at this referendum —
as the case may be) and that I had attained the age of eighteen years on 15th
April, 1984 and (in the case only of a person who applies for an Assembly
ballot paper) that I am a citizen of Ireland (or — a national of a Member State
of the European Communities other than Ireland — or — both a citizen of Ireland
and a national of a Member State of the European Communities other than Ireland
— as the case may be)".

10 Bye-election ballot boxes.

10.Having opened the
ballot boxes used at the Dáil bye-election in pursuance of Rule 22 of the Fifth
Schedule to the Electoral Act, 1923, the Dáil returning officer shall—

(a)examine the ballot papers therein so as to
ascertain if the ballot box contains any Assembly or referendum ballot papers;

(b)remove any Assembly or referendum ballot papers
found in such box;

(c)place such Assembly ballot papers and
referendum ballot papers in separate packets together with a statement showing
in each case the number of papers enclosed in the packet and giving particulars
of the ballot box in which each such ballot paper was found;

(d)seal each such packet and transmit it by hand
to the local returning officer.

11 Arrangements in relation to ballot boxes other than
bye-election boxes.

11.(1) The local
returning officer shall specify the hour of 9 a.m. on the day next after the
close of the poll as the day and time at which he will open the ballot boxes
pursuant to Rule 51A of the Assembly election rules (inserted by section 7 (f)
of the Act of 1984) and shall specify the same place appointed by him under
Rule 23A of the First Schedule to the Act of 1942 (as substituted by section 78
of the Act of 1963) as the place at which the ballot boxes will be opened
pursuant to the said Rule 51A.

(2) At the time and
place appointed under sub-article (1) the local returning officer shall
commence to open the ballot boxes and shall—

(a)deal with the Assembly ballot papers in
accordance with the said Rule 51A and

(b)deal with the referendum ballot papers in
accordance with the rules set out in the first Schedule to the Act of 1942.

(3) In the event of
the Dáil bye-election being contested, the local returning officer for the
county of Laoighis and the local returning officer for the county of Offaly
having opened each ballot box in pursuance of the proceeding sub-article shall—

(a)examine the ballot papers therein so as to
ascertain if the ballot box contains any bye-election ballot papers;

(b)remove any bye-election ballot papers found in
the box;

(c)place such bye-election ballot papers in a
packet together with a statement showing the number of papers enclosed in the
packet and giving particulars of the ballot box in which each such ballot paper
was found;

(d)seal each such packet and transmit it by hand
to the returning officer for the Dáil constituency.

12 Modification of Act of 1977.

12.The Act of 1977
shall have effect as if in the First Schedule—

(a)"hour of 9 a.m. on the day next following
the polling day" were substituted for "time appointed for the
commencement of the count" in Rule 33(b);

(b)"hour of 9 a.m. on the day next following
the polling day" were substituted for "time fixed by the Minister
under section 6 of this Act for the commencement of the count" in Rule
48(3); and

(c)Rule 32 was deleted.

GIVEN under the Official Seal of the Minister for the
Environment

this 30th day of
May, 1984.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations
make certain provisions in relation to the European Assembly elections, the
Dáil bye-election in the constituency of Laoighis/Offaly and the referendum on
the Ninth Amendment of the Constitution in order to facilitate the taking of
the polls on the same day.

I, ALAN M. DUKES,
Minister for Finance, in exercise of the powers conferred on me by section 12
(5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4)
of the Electoral Act 1963, (No. 19 of 1963)), hereby make the following regulations:

"accounts" means the accounts of a local
returning officer in respect of services and expenses which have been properly
rendered or incurred by him for the purposes of or in connection with a
referendum;

"constituency" means any constituency named in
the Schedule to the Electoral Amendment Act, 1980 (No. 17 of 1980);

"electors" means, in relation to the
ascertainment of the maximum sum payable to a local returning officer, the
number of persons registered in the register of Dáil electors for the
constituency in respect of which he is the local returning officer.

3.The scale of
maximum charges for—

( a )the purposes of section 12 of the Referendum
Act, 1942, (No. 8 of 1942), as extended by section 64 of the Electoral Act,
1963,

( b )in the case of the referendum in relation to
the Eighth Amendment of the Constitution Bill, 1982, the purposes of section 1
of the Referendum (Amendment) Act, 1983.

shall be the scale set out in the Schedule to these
Regulations.

]4.(1) Accounts of a
local returning officer in respect of services and expenses which have been
properly rendered or incurred by him for the purposes of or in connection with
a Referendum shall be rendered by such officer to the Minister for Finance by
being sent to the Secretary, Department of Finance, Accounts Branch, Earl
Court, Adelaide Road, Dublin 2, within the period of twenty-six weeks beginning
on the day appointed, pursuant to section 8 of the Referendum Act, 1942 to be
that on which the poll at the Referendum is to be taken, and such accounts
shall be accompanied by a declaration in writing signed by such officer and in
the following form:

"I hereby
declare that, to the best of my knowledge and belief, the accounts which both
are rendered by me in respect of the services and expenses rendered or incurred
by me and accompany this declaration are correct.

Signed,

"

(2) In the case of
disbursements in respect of claims for payment which have been settled by the
local returning officer, vouchers and receipts shall be submitted with the
accounts referred to in paragraph (1) of this regulation and in the case of
claims which have not been so settled, the relevant bills or other documents
shall be submitted with the said accounts.

(3) The accounts
referred to in paragraph (1) of these regulations shall classify and show the
disbursements and other charges claimed, together with their totals, in the
same manner as the charges allowable under this Order are classified in the
scale of maximum charges set out in the Schedule to this Order.

(4) In rendering the
accounts referred to in paragraph (1) of this regulation the local returning
officer shall, in addition to complying with the foregoing provisions of this
regulation, have regard to any directions which for the time being stand issued
by the Minister for Finance to local returning officers with reference to the
particulars and information to be furnished in support of claims for payments
out of the Central Fund.

5.Nothing in these
Regulations shall be taken as authorising more than one charge in respect of a
particular disbursement.

6.The Scale
prescribed in the Referendum (Local Returning Officers' Charges) Regulations,
1979 (S.I. No. 229 of 1979), shall not apply to any referendum held after the
making of these Regulations.

SCHEDULE

SCALE OF MAXIMUM CHARGES

PART I

Fees to Local Returning Officers

(1) For performing
all the duties which a local returning officer is required by law to perform in
connection with the referendum (other than the duties in connection with the
matters specially provided for at paragraphs (2), (3) and (4) below):—

£

For every complete
100 of the electors or fraction thereof

exceeding one-half;

Up to 30,000
electors
...................................................................................1.50

Provided that where
a person is a local returning officer for more than one constituency or for
portions of more than one constituency, all the constituencies or portions of
constituencies for which he is local returning officer shall, for the purposes
of the foregoing provisions of this paragraph, be deemed to be a single
constituency.

(2) For despatch and
receipt ofballot papers of postal
voters and for despatch of polling cards to postal voters:

(4) In the event of
a recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b) remuneration
for the original count.

(These fees cover any
payments made to a deputy local returning officer for the discharge of any
duties of a local returning officer which may be assigned to him).

Part II

Disbursements of Local Returning Officers

(5)Taking the poll

( a )each presiding officer — to cover all expenses,
other than travelling expenses and subsistence allowances authorised in this
scale.30.45

Provided that where
the number of polling stations in a polling place exceeds four, £37.80 may be
paid in the case of such one (and one only) of the presiding officers as may be
designated by the local returning officer.

( b )A local returning officer may appoint one
emergency presiding officer in a constituency who may be paid a retaining fee
of £15.00 to be increased to the full appropriate fee if he is necessarily
employed as a presiding officer and in the case of a constituency not situate
in one county only if it consists of parts situate in two counties, two
emergency presiding officers may be so appointed and paid.

Up to 50,000
electors
....................................................................... 567.00

For each complete
1,000 electors in excess of 50,000 ............................... 5.67

(The total sum shall
be divided at the discretion of the local returning officer between all
competent persons appointed to assist him in counting the votes).

(7)Miscellaneous

( a )clerical, legal and other assistance employed
by the local returning officer for the purposes of the referendum — excluding
any services for which payment is otherwise authorised by this scale — and for
all expenses of the local returning officer not otherwise authorised by this
scale.

Provided that where
a person performs the duties of a local returning officer for more than one
constituency, or for portions of more than one constituency, all the
constituencies or portions of constituencies for which he performs these duties
shall, for the purposes of this sub-paragraph be deemed to be a single
constituency. Together with, in respect of assistance as aforesaid employed by
the local returning officer, £141 provided that where a local returning officer
acts for more than one constituency, the additional sum payable in respect of
each constituency after the first shall not exceed £71.

( b )for the assistance of a special legal assessor
employed by the local returning officer with the prior consent of the Minister
for the Environment.Such sum as may be
authorised by the Minister for Finance.

( c )remuneration of persons engaged in the despatch
and receipt of postal voters' ballot papers and despatch of polling cards to
postal voters:

For every complete
100 postal voters or fraction thereof exceeding one-half on the register for
the
constituency..................................................................................
9.70

Subject to a minimum
of ................................................................... 19.50

( d )local returning officers' travelling expenses
where necessary to make arrangements for the poll or otherwise in connection
with the conduct of the referendum.First-class
railway expenses or, where rail service is not available actual and necessary
cost subject to such conditions (if any) as may stand specified for the time
being by the Minister for the Public Service and subject also to the proviso
that an allowance under these Regulations in respect of any such cost shall not
exceed the amount which would be payable under the Civil Service mileage rates
which are for the time being in force were the allowance to be calculated at
those rates, subsistence allowance at the rate of £11.05 a night if necessarily
absent from home on account of duty (mileage expenses shall be calculated as
though journeys were taken from the county courthouse of the constituency).

( e )travelling expenses of presiding officers and
poll clerks, excluding any expenses incurred in conveying the ballot boxes from
the polling station to the place where the votes are counted.Standard-class
railway expenses or, where rail service is not available, actual and necessary
cost subject to the conditions and proviso mentioned in subparagraph (d) of
this paragraph subsistence allowance at the rate of £3.56 a night if
necessarily detained on account of duty after 10.30 p.m., or £5.03 a night if
so detained after 12 midnight; together with, in the case of persons employed
more than 15 miles from home who are necessarily detained on duty more than
five hours, subsistence allowance at the rate of £2.34 per day.

( f )travelling expenses of clerical or other
assistance employed by the returning officer in connection with the conduct of
the referendum.

( g )conveying of polling screens, ballot boxes,
ballot papers, etc., in connection with the referendum.Actual railway charges, or
where rail service is not available, actual and necessary cost.

( h )printing and publishing notices, etc., required
in and about the referendum.Cost as charged by the Stationery Office, or
where printing is arranged for by the local returning officer, the actual and
necessary cost.

( i )Use of any building or room for the purposes of
the referendum.Actual and necessary expenses arising.

( j )fitting up polling stations, including the
provisions of voting compartments and the hire of necessary furniture.Cost as charged by the Office of Public Works,
or, if the work is done locally, actual and necessary cost.

These regulations
set out the scale of maximum charges for local returning officers in respect of
a referendum.

S.I. No. 205 of 1979.

S.I. No. 205/1979: REFERENDA (SPECIAL DIFFICULTY) ORDER,
1979.

WHEREAS it appears
to him that, by reason of the suspension of normal postal services, there is a
special difficulty in relation to the holding of the referenda on the Sixth
Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh Amendment
of the Constitution (Election of Members of Seanad Éireann by Institutions of
Higher Education) Bill, 1979, the Minister for the Environment, in exercise of
the powers conferred on him by section 92 of the Electoral Act, 1963 (No. 19 of
1963), hereby orders as follows:

1.This Order may be
cited as the Referenda (Special Difficulty) Order, 1979.

2.In this Order—

"referendum returning officer" means the person
appointed by the Minister for the Environment under section 6 of the Referendum
Act, 1942, to be the referendum returning officer at the referenda on the
proposals for the amendment of the Constitution in the Sixth Amendment of the
Constitution (Adoption) Bill, 1978, and the Seventh Amendment of the
Constitution (Election of Members of Seanad Éireann by Institutions of Higher
Education) Bill, 1979:

"local returning officer" has the same meaning
as in the Referendum Acts, 1942 to 1979;

"postal voter" means a person entitled to vote
by post at a referendum;

"the Referenda" means the referenda to be held
on the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the
Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by
Institutions of Higher Education) Bill, 1979.

3.The provisions of
the Referendum Acts, 1942 to 1979, and of the Regulations made under those Acts
as respects giving public notice of the taking of a referendum and postal
voting and polling cards are hereby adapted in relation to the Referenda as is
set out in article 4 of this Order.

4.(1) The referendum
returning officer may, in addition to such steps as may be taken by local
returning officers for the purpose of complying with their obligations under
rule 3 of the First Schedule to the Referendum Act, 1942, as amended by section
71 of the Electoral Act, 1963, give such public notice of the taking of a
referendum as he considers appropriate.

(2) The ballot
papers and the forms of receipt to be sent to postal voters shall be sent to
them by post or in such other manner as the local returning officer considers
appropriate.

(3) A postal voter
may deliver or send his ballot paper by post or in any other manner to the
local returning officer and a postal ballot paper which is received by the
local returning officer before the close of the poll shall not be rejected
solely on the grounds that it was not sent to the local returning officer by
post.

(4) The local
returning officer shall send to each postal voter an instruction that the
ballot paper may be returned to him by post or in any other manner.

(5) The local
returning officer, instead of sending a polling card to each elector, may take
such steps as he considers appropriate for the purpose of informing electors of
the polling day and of the place at which each elector will be entitled to
vote.

(6) The referendum
returning officer may take appropriate steps for the purpose of informing
electors of the proposals contained in the Sixth Amendment of the Constitution
(Adoption) Bill, 1978, and the Seventh Amendment of the Constitution (Election
of Members of Seanad Éireann by Institutions of Higher Education) Bill, 1979,
and, in particular, and without prejudice to the generality of this
sub-article, he may cause to be published in such manner as he thinks fit the
statement set out in the Appendix to section 1 of the Referendum (Amendment)
Act, 1979, (No. 10 of 1979).

(7) The Referenda
shall not be invalidated by reason of any failure to comply with the
requirements of paragraphs (2) or (3) of rule 3, or of rule 4, of the First
Schedule to the Referendum Act, 1942.

GIVEN under the Official Seal of the Minister for the
Environment this 15th day of June, 1979.

SYLVESTER BARRETT

Minister for the
Environment,

EXPLANATORY NOTE.

This Order makes
provision in respect of certain difficulties which have arisen, by reason of
the suspension of normal postal services, in relation to the holding of the
Referenda on the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and
the Seventh Amendment of the Constitution (Election of Members of Seanad
Éireann by Institutions of Higher Education) Bill, 1979.

I, SEOIRSE Ó COLLA,
Minister for Finance, in exercise of the powers conferred on me by section 12
(5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4)
of the Electoral Act, 1963 (No. 19 of 1963), and section 91 (5) of the said Electoral
Act, 1963) hereby make the following regulations:

"accounts" means the accounts of a local
returning officer in respect of services and expenses which have been properly
rendered or incurred by him for the purposes of or in connection with a
referendum:

"constituency" means a constituency for the
purpose of taking the poll at a referendum referred to in section 17 of the
Referendum (Amendment) Act, 1979;

"electors" means, in relation to the
ascertainment of the maximum sum payable to a local returning officer, the
number of persons registered in the register of Dáil electors for the
constituency in respect of which he is the local returning officer.

3.The scale of
maximum charges for—

( a )the purposes of section 12 of the Referendum
Act, 1942, as extended by section 64 of the Electoral Act, 1963,

( b )the purposes of section 91 of the said
Electoral Act, 1963, and

( c )in the case of the referenda in relation to the
Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh
Amendment of the Constitution (Election of Members of Seanad Eireann by
Institutions of Higher Education) Bill, 1979, the purposes of section 1 of the
Referendum (Amendment) Act, 1979,

shall be the scale set out in the Schedule to this Order.

4.Nothing in these
Regulations shall be taken as authorising more than one charge in respect of a
particular disbursement.

SCHEDULE

(A) FEES TO LOCAL RETURNING OFFICER

(1) For performing
all the duties which a local returning officer is required by law to perform in
connection with the referenda specified in 3 (c) of those Regulations (other
than the duties in connection with the matters specially provided for at paragraphs
(2), (3) and (4) below):—

For every complete 100 of the electors—

£

Up to 150,000
electors............0.76

exceeding 150,000
electors............0.30

Provided that where a person is a local returning officer
for more than one constituency or for portions of more than one constituency,
all the constituencies or portions of constituencies for which he is local
returning officer shall, for the purposes of the foregoing provisions of this
paragraph, be deemed to be a single constituency.

(2) For despatch and
receipt of ballot papers of postal voters and for despatch of polling cards to
postal voters.

(4) In the event of
a recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b)
remuneration for the original count.

(These fees cover any payments made to a deputy local
returning officer for the discharge of any duties of a local returning officer
which may be assigned to him).

(B) DISBURSEMENTS OF LOCAL RETURNING OFFICER

(1) Taking the poll

( a )each presiding officer—to cover all expenses,
other than travelling expenses and subsistence allowances authorised in this
scale£25.00

Provided that where
the number of polling stations in a polling place exceeds four, £31 may be paid
in the case of such one (and one only) of the presiding officers as may be
designated by the local returning officer.

( b )A local returning officer may appoint one
emergency presiding officer in a constituency who may be paid a retaining fee
of £10.00 to be increased to the full appropriate fee if he is necessarily
employed as a presiding officer.

( c )Each poll clerk

Where there are two
poll clerks......14.00

Where there is one
poll clerk.........17.00

(2) Counting of
Votes

Up to 30,000
electors...............600.00

For each complete
1,000 electors over 30,000......6.60

(The total sum shall
be divided at the discretion of the local returning officer between all
competent persons appointed to assist him in counting the votes).

(3) Miscellaneous

( a )clerical, legal and other assistance employed
by the local returning officer for the purposes of the referenda—excluding any
services for which payment is otherwise authorised by this scale—and for all
expenses of the local returning officer.

Provided that where
a person performs the duties of a returning officer for more than one
constituency, or for portions of more than one constituency, all the
constituencies or portions of constituencies for which he performs these duties
shall, for the purposes of this sub-paragraph be deemed to be a single
constituency:

together with, in
respect of assistance as aforesaid employed by the local returning officer,
£100 provided that where a local returning officer acts for more than one
constituency, the additional sum payable in respect of each constituency after
the first shall not exceed £70.

For every complete
100 electors or fraction thereof exceeding one half in the constituency......1.25

( c )for the assistance of a special legal assessor
employed by the local returning officer with the prior consent of the Minister
for Local Government.Such sum as may be
authorised by the Minister for Finance.

( d )remuneration of persons engaged in the despatch
and receipt of postal voters' ballot papers—

( e )local returning officer's or deputy local
returning officer's travelling expenses where necessary to make arrangements
for the poll or otherwise in connection with the conduct of the referenda.

First-class railway
expenses or, where rail service is not available, mileage rates in accordance
with DPS Circular 32/78.

Subsistence

For absences from
home

for more than 5
hours...............2.30

for more than 10
hours............5.60

overnight..................14.80

( f )travelling expenses of presiding officers and
poll clerks, excluding any expenses incurred in conveying the ballot boxes from
the polling station to the place where the votes are counted.

Standard class
railway fare, or, where rail services are not available, actual and necessary
cost in the case of persons employed more than 15 miles from home.

Subsistence
allowance at £1.50 where detained after 10.30 p.m. or £2.10 where detained
after midnight.

( g )travelling expenses of clerical or other
assistance employed by the local returning officer or deputy local returning
officer in connection with the conduct of the referenda. Standard class railway
fare or actual and necessary cost.

( h )conveying of polling screens, ballot boxes,
ballot papers, etc., in connection with the referenda.Actual railway charges, or
where rail service is not available, actual and necessary cost.

( i )printing and publishing notices, etc., required
in and about the referenda.Cost as
charged by the Stationery Office, or where printing is arranged for by the
local returning officer, the actual and necessary cost.

( j )use of any building or room for the purposes of
the referenda.Actual and necessary expenses arising.

( k )fitting up polling stations, including the
provision of voting compartments and the hire of necessary furniture.

( l )ballot boxes required to be purchased, hired or
repaired.Cost as charged by the Office of
Public Works, or, if the work is done locally, actual and necessary cost.

( m )stamping instruments required to be purchased,
hired, altered or repaired.Cost as charged by the Stationery Office.

(4) In the event of
a recount of votes under Rule 26 of the First Schedule of the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b)
remuneration for the original count.

GIVEN under my Official Seal, this 15th day of June, 1979.

SEOIRSE Ó COLLA.

Minister for
Finance.

EXPLANATORY NOTE.

These regulations
set out the scale of maximum charges for local returning officers in respect of
two referenda held on the same day.

I, SEOIRSE Ó COLLA,
Minister for Finance, in exercise of the powers conferred on me by section 12
(5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4)
of the Electoral Act, 1963 (No. 19 of 1963), and section 91 (5) of the said Electoral
Act, 1963) hereby make the following regulations:

"accounts" means the accounts of a local
returning officer in respect of services and expenses which have been properly
rendered or incurred by him for the purposes of or in connection with a
referendum:

"constituency" means a constituency for the
purpose of taking the poll at a referendum referred to in section 17 of the
Referendum (Amendment) Act, 1979;

"electors" means, in relation to the
ascertainment of the maximum sum payable to a local returning officer, the
number of persons registered in the register of Dáil electors for the
constituency in respect of which he is the local returning officer.

3.The scale of
maximum charges for—

( a )the purposes of section 12 of the Referendum
Act, 1942, as extended by section 64 of the Electoral Act, 1963,

( b )the purposes of section 91 of the said
Electoral Act, 1963, and

( c )in the case of the referenda in relation to the
Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh
Amendment of the Constitution (Election of Members of Seanad Eireann by Institutions
of Higher Education) Bill, 1979, the purposes of section 1 of the Referendum
(Amendment) Act, 1979,

shall be the scale set out in the Schedule to this Order.

4.Nothing in these
Regulations shall be taken as authorising more than one charge in respect of a
particular disbursement.

SCHEDULE

(A) FEES TO LOCAL RETURNING OFFICER

(1) For performing
all the duties which a local returning officer is required by law to perform in
connection with the referenda specified in 3 (c) of those Regulations (other
than the duties in connection with the matters specially provided for at
paragraphs (2), (3) and (4) below):—

For every complete 100 of the electors—

£

Up to 150,000
electors............0.76

exceeding 150,000
electors............0.30

Provided that where a person is a local returning officer
for more than one constituency or for portions of more than one constituency,
all the constituencies or portions of constituencies for which he is local
returning officer shall, for the purposes of the foregoing provisions of this
paragraph, be deemed to be a single constituency.

(2) For despatch and
receipt of ballot papers of postal voters and for despatch of polling cards to
postal voters.

(4) In the event of
a recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b) remuneration
for the original count.

(These fees cover any payments made to a deputy local
returning officer for the discharge of any duties of a local returning officer
which may be assigned to him).

(B) DISBURSEMENTS OF LOCAL RETURNING OFFICER

(1) Taking the poll

( a )each presiding officer—to cover all expenses,
other than travelling expenses and subsistence allowances authorised in this
scale £25.00

Provided that where
the number of polling stations in a polling place exceeds four, £31 may be paid
in the case of such one (and one only) of the presiding officers as may be
designated by the local returning officer.

( b )A local returning officer may appoint one
emergency presiding officer in a constituency who may be paid a retaining fee
of £10.00 to be increased to the full appropriate fee if he is necessarily
employed as a presiding officer.

( c )Each poll clerk

Where there are two
poll clerks......14.00

Where there is one
poll clerk.........17.00

(2) Counting of
Votes

Up to 30,000
electors...............600.00

For each complete
1,000 electors over 30,000......6.60

(The total sum shall
be divided at the discretion of the local returning officer between all
competent persons appointed to assist him in counting the votes).

(3) Miscellaneous

( a )clerical, legal and other assistance employed
by the local returning officer for the purposes of the referenda—excluding any
services for which payment is otherwise authorised by this scale—and for all
expenses of the local returning officer.

Provided that where
a person performs the duties of a returning officer for more than one
constituency, or for portions of more than one constituency, all the
constituencies or portions of constituencies for which he performs these duties
shall, for the purposes of this sub-paragraph be deemed to be a single
constituency:

together with, in
respect of assistance as aforesaid employed by the local returning officer,
£100 provided that where a local returning officer acts for more than one
constituency, the additional sum payable in respect of each constituency after
the first shall not exceed £70.

( c )for the assistance of a special legal assessor
employed by the local returning officer with the prior consent of the Minister
for Local Government.Such sum as may be
authorised by the Minister for Finance.

( d )remuneration of persons engaged in the despatch
and receipt of postal voters' ballot papers—

( e )local returning officer's or deputy local
returning officer's travelling expenses where necessary to make arrangements
for the poll or otherwise in connection with the conduct of the referenda.

First-class railway
expenses or, where rail service is not available, mileage rates in accordance
with DPS Circular 32/78.

Subsistence

For absences from
home

for more than 5
hours...............2.30

for more than 10
hours............5.60

overnight..................14.80

( f )travelling expenses of presiding officers and
poll clerks, excluding any expenses incurred in conveying the ballot boxes from
the polling station to the place where the votes are counted.

Standard class
railway fare, or, where rail services are not available, actual and necessary
cost in the case of persons employed more than 15 miles from home.

Subsistence
allowance at £1.50 where detained after 10.30 p.m. or £2.10 where detained
after midnight.

( g )travelling expenses of clerical or other
assistance employed by the local returning officer or deputy local returning
officer in connection with the conduct of the referenda. Standard class railway
fare or actual and necessary cost.

( h )conveying of polling screens, ballot boxes,
ballot papers, etc., in connection with the referenda.Actual railway charges, or
where rail service is not available, actual and necessary cost.

( i )printing and publishing notices, etc., required
in and about the referenda.Cost as
charged by the Stationery Office, or where printing is arranged for by the
local returning officer, the actual and necessary cost.

( j )use of any building or room for the purposes of
the referenda.Actual and necessary expenses arising.

( k )fitting up polling stations, including the
provision of voting compartments and the hire of necessary furniture.

( l )ballot boxes required to be purchased, hired or
repaired.Cost as charged by the Office of
Public Works, or, if the work is done locally, actual and necessary cost.

( m )stamping instruments required to be purchased,
hired, altered or repaired.Cost as charged by the Stationery Office.

(4) In the event of
a recount of votes under Rule 26 of the First Schedule of the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b)
remuneration for the original count.

GIVEN under my Official Seal, this 15th day of June, 1979.

SEOIRSE Ó COLLA.

Minister for
Finance.

EXPLANATORY NOTE.

These regulations
set out the scale of maximum charges for local returning officers in respect of
two referenda held on the same day.

I, RICHARD BURKE,
Minister for Education, in exercise of the powers conferred on me by sections 1
and 3 of the Intermediate Education (Ireland) Act, 1914, as adapted, hereby
make the following rules:

1.(1) These Rules
may be cited as the Registration Council (Constitution and Procedure)
(Amendment) Rules, 1974.

(2) The Registration
Council (Constitution and Procedure) Rules, 1926 to 1968, and these Rules shall
be construed together and may be cited together as the Registration Council
(Constitution and Procedure) Rules, 1926 to 1974.

(3) These Rules
shall come into operation on the 1st day of June, 1974.

(2) The
Interpretation Act, 1937 (No. 38 of 1937) applies to these Rules.

3.The Principal
Rules are hereby amended by:

(a)the substitution in Rule 3 of
"nineteen" and "seventeen" for "eighteen" and
"sixteen" (inserted by the Registration Council (Constitution and
Procedure) Rules, 1962 (S.I. No. 200 of 1962), respectively, and accordingly
the said Rule 3 shall have effect as set out in the Table to this Rule, and

( b )the substitution for the Schedule thereto of
the Schedule to these Rules.

TABLE.

The Council shall
consist of nineteen members of whom two shall be appointed by the Minister and
seventeen shall be appointed by the appointing bodies in the numbers
respectively set opposite the name of each such appointing body in the second
column of the Schedule to these Rules.

4.The persons who,
immediately before the commencement of these Rules, were the members of the
Council appointed by the Managers of the Roman Catholic Diocesan Schools, the
Managers of the Roman Catholic Convent Intermediate Schools, the Education
Committee of the Teaching Brothers' Association, the Schoolmasters' Association
and the Central Association of Irish School Mistresses and other Ladies
interested in Education shall, on such commencement, cease to be members of the
Council in those capacities and shall become the members of the Council
appointed by the Diocesan Colleges' Association, the Conference of Convent
Secondary Schools, the Teaching Brothers' Association, the Irish Schoolmasters'
Association and the Association of Irish Headmistresses respectively.

GIVEN under my Official Seal, this 28th day of May, 1974.

RICHARD BURKE.

SCHEDULE.

PART I.

Appointing BodyNumber
to be appointed

The Catholic Headmasters' AssociationOne

The Diocesan Colleges' AssociationOne

The Conference of Convent Secondary SchoolsOne

The Teaching Brothers AssociationOne

The Irish Schoolmasters' AssociationOne

The Association of Secondary Teachers, IrelandFour

The Association of Irish HeadmistressesOne

The Irish National Teachers' OrganisationOne

The Teachers' Union of IrelandOne

PART II.

The Governing Body of Trinity College, Dublin (University
of Dublin)One

The Governing Body of University College, Dublin (National
University of Ireland).One

The Governing Body of University College, Cork National
University of Ireland).One

The Governing Body of University College, Galway (National
University of Ireland).One

The Governing Body of the Royal College of St. Patrick,
MaynoothOne

EXPLANATORY NOTE.

These amending Rules provide for

(i)An additional representative on the
Registration Council to be appointed by the Association of Secondary Teachers,
Ireland.

(ii)A representative on the Registration Council to
be appointed by the Teachers' Union of Ireland.

(iii)The removal of the Irish Union of
Assistant-mistresses from the list of appointing bodies to the Registration
Council as that body has ceased to exist.

(iv)An alteration of title in the case of five of
the appointing bodies.

I, SEOIRSE Ó COLLA,
Minister for Finance, in exercise of the powers conferred on me by section 12
(5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4)
of the Electoral Act, 1963 (No. 19 of 1963), and section 91 (5) of the said
Electoral Act, 1963, hereby make the following regulations :

"electors" means, in relation to the
ascertainment of the maximum sum payable to a local returning officer, the
number of persons registered in the register of Dáil electors for the
constituency in respect of which he is the local returning officer;

"accounts" means the accounts of a local
returning officer in respect of services and expenses which have been properly
rendered or incurred by him for the purposes of or in connection with a
referendum.

[3.The scale of
maximum charges for—

(a)the purposes of section 12 of the Referendum
Act, 1942, as extended by section 64 of the Electoral Act, 1963,

(b)the purposes of section 91 of the said
Electoral Act, 1963, and

(c)in the case of the referenda in relation to the
Fourth Amendment of the Constitution Bill, 1972, and the Fifth Amendment of the
Constitution Bill, 1972, for the purposes of section 1 of the Referendum
(Amendment) Act, 1972,

shall be the scale set out in the Schedule to these
Regulations.

[4.The accounts
shall be rendered to the Minister for Finance within a period of six weeks from
polling day by being addressed and sent to the Secretary, Department of
Finance. Government Buildings, Upper Merrion Street, Dublin 2.

[5.The accounts
shall be accompanied by a declaration made and subscribed by the local
returning officer rendering them and every such declaration shall be in the
following form :

I declare that the
accounts rendered by me in respect of my services and disbursements are correct
to the best of my knowledge and belief.

[6.In the case of
disbursements which have been already settled, vouchers and receipts shall be
submitted with the accounts and, in the case of charges which have not been
settled, the relevant bills shall be submitted with the accounts.

[7.The accounts
shall be prepared in such form as shows the items of expenditure and the total
thereof under each of the various headings specified in the appropriate scale
of maximum charges.

[8.In rendering the
accounts due regard shall be had to any directions issued by the Minister for
Finance to local returning officers with reference to the particulars and
information to be furnished in support of claims for payment out of the Central
Fund.

[9.Nothing in these
Regulations shall be taken as authorising more than one charge in respect of a
particular disbursement.

[10.The scale of
maximum charges to be paid to local returning officers prescribed by the
Referendum (Local Returning Officers' Charges and Accounts) Regulations, 1972
(S.I. No. 104 of 1972), shall not apply to any referendum the poll at which is
taken after the making of these Regulations.

SCHEDULE.

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY
REGISTRAR.

(1)For performing
all the duties which a local returning officer is required by law to perform in
connection with the referenda (other than the duties in connection with the
matters specially provided for at paragraphs (2), (3) and (4) below):—

For every complete
100 of the electors—£

Up to 150,000
electors ... ... ... ... ... ...0·38

exceeding 150,000
electors ... ... ... ... ...0·15

Provided that where
a person is a local returning officer for more than one constituency or for
portions of more than one constituency, all the constituencies or portions of
constituencies for which he is local returning officer shall, for the purposes
of the foregoing provisions of this paragraph, be deemed to be a single
constituency.

(2)For despatch and
receipt of ballot papers of postal voters and for despatch of polling cards to
postal voters.

(4)In the event of a
recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b)
remuneration for the original count.

(These fees cover
any payments made to a deputy local returning officer for the discharge of any
duties of a local returning officer which may be assigned to him.)

Provided that where
the number of polling stations in a polling place exceeds four, £14·00 may be
paid in the case of such one (and one only) of the presiding officers as may be
designated by the local returning officer.

(b)A local returning officer may appoint one
emergency presiding officer in a constituency who may be paid a retaining fee
of £5·00 to be increased to the full appropriate fee if he is necessarily
employed as a presiding officer, and in the case of a constituency not situate
in one county only, if it consists of parts situate in two counties, two
emergency presiding officers may be so appointed and paid and if it consists of
parts situate in three counties, three emergency presiding officers may be so
appointed and paid.

(c)If only one poll clerk employed ... ... ... ...
...6·55

(d)If two poll clerks necessarily employed ... ...
...5·25

each

(2) Counting of
Votes

Up to 30,000
electors ... ... ... ... ... ... ...300·000

For each complete
1,000 electors over 30,000 ... ... ... ...3·30

(The total sum shall
be divided at the discretion of the local returning officer between all
competent persons appointed to assist him in counting the votes.)

(3) Miscellaneous

(a)clerical, legal and other assistance employed
by the local returning officer for the purposes of the referenda—excluding any
services for which payment is otherwise authorised by this scale—and for all
expenses of the local returning officer (including, in particular, expenses
incurred in complying with section 64 of the Electoral Act, 1963, and with
Section 1 of the Referendum (Amendment) Act, 1972) not so authorised—

For every complete 100 electors or fraction thereof
exceeding one-half in the constituency—

Up to 20,000
electors ... ... ... ... ... ...0·85

Exceeding 20,000
electors but not exceeding 150,000 electors ...0·75

Exceeding 150,000
electors ... ... ... ... ... ...0·70

Provided that where a person performs the duties of a
returning officer for more than one constituency, or for portions of more than
one constituency, all the constituencies or portions of constituencies for
which he performs those duties shall, for the purposes of this sub-paragraph be
deemed to be a single constituency;

together with, in respect of assistance as aforesaid
employed by the local returning officer, £50; provided that where a local
returning officer acts for more than one constituency, the additional sum
payable in respect of each constituency after the first shall not exceed £35.

(b)for the assistance of a special legal assessor
employed by the local returning officer with the prior consent of the Minister
for Local GovernmentSuch sum as may be authorised by the Minister
for Finance

(c)remuneration of persons engaged in the despatch
and receipt of postal voters' ballot papers—

For every complete
100 postal voters or fraction thereof exceeding one-half on the register for
the constituency ...6·00

(d)local returning officer's or deputy local
returning officer's travelling expenses where necessary to make arrangements
for the poll or otherwise in connection with the conduct of the referenda.First-class
railway expenses or, where rail service is not available, actual and necessary
cost, with subsistence allowance at the rate of £2·25 a night if necessarily
absent from home on account of duty. (Mileage expenses shall be calculated as
though journeys were taken from the county courthouse of the constituency).

(e)travelling expenses of presiding officers and
poll clerks, excluding any expenses incurred in conveying the ballot boxes from
the polling station to the place where the votes are counted.Standard-class
railway expenses, or, where rail service is not available, actual and necessary
cost, with subsistence allowance at the rate of £0·75 a night if necessarily
detained on account of duty after 10·30 p.m., and £1·05 a night if so detained
after 12 midnight, together with, in the case of persons employed more than 15
miles from home who are necessarily detained on duty more than seven hours,
subsistence allowance at the rate of £0·64 a day.

(f)travelling expenses of clerical or other
assistance employed by the local returning officer or deputy local returning
officer in connection with the conduct of the referenda.

(g)conveying of polling screens, ballot boxes,
ballot papers, etc., in connection with the referenda.Actual railway charges, or
where rail service is not available, actual and necessary cost.

(h)printing and publishing notices, etc., required
in and about the referenda.Cost as
charged by the Stationery Office, or where printing is arranged for by the
local returning officer, the actual and necessary cost.

(i)use of any building or room for the purposes of
the referenda.Actual and necessary expenses arising.

(j)fitting up polling stations, including the
provision of voting compartments and the hire of necessary furniture.Cost as charged by the Office of Public Works,
or, if the work is done locally actual and necessary cost.

(k)ballot boxes required to be purchased, hired or
repaired.

(l)stamping instruments required to be purchased,
hired, altered or repaired.Cost as charged by the Stationery Office.

(4)In the event of a
recount of votes under Rule 26 of the First Schedule of the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on

(a)the time spent thereon and (b) remuneration for
the original count.

GIVEN under my Official Seal, this 14th day of November,
1972.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE

These regulations
set out the scale of maximum charges for local returning officers in respect of
referenda.

I, BRIAN LENIHAN,
Minister for Education, in exercise of the powers conferred on me by sections 1
and 3 of the Intermediate Education (Ireland) Act, 1914, as adapted, hereby
make the following rules:

[1.(1) These Rules may
be cited as the Registration Council (Constitution and Procedure) (Amendment)
Rules, 1968.

(2) The Registration
Council (Constitution and Procedure) (Amendment) Rules, 1926 to 1962, and these
Rules shall be construed together and may be cited together as the Registration
Council (Constitution and Procedure) Rules, 1926 to 1968.

(3) These Rules
shall come into operation on the 1st day of June, 1968.

[2.(1) In these
Rules "the Principal Rules" means the Registration Council
(Constitution and Procedure) Rules, 1926, (S.R. & O., No. 17 of 1926).

(2) The
Interpretation Act, 1937, (No. 38 of 1937) applies to these Rules.

[3.(1) The Principal
Rules are hereby amended by the substitution in Part 1 of the Schedule of
"The Education Committee of the Teaching Brothers' Association" for
"The Education Committee of the Christian Brothers".

(2) Accordingly the
person who, immediately before the commencement of these Rules, was the member
of the Council appointed by The Education Committee of the Christian Brothers
shall, on such commencement, cease to be a member of the Council.

I, CHARLES J.
HAUGHEY, Minister for Finance, in exercise of the powers conferred on me by
section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by
section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963)), and section 91 of
the said Electoral Act, 1963, hereby make the following regulations:

[1.These Regulations
may be cited as the Referendum (Local Returning Officers' Charges and Accounts)
Regulations, 1968.

[2.In these
Regulations—

" electors " means, in relation to the
ascertainment of the maximum sum payable to a local returning officer, the
number of persons registered in the register of Dáil electors for the
constituency in respect of which he is the local returning officer;

" accounts " means the accounts of a local
returning officer in respect of services and expenses which have been properly
rendered or incurred by him for the purposes of or in connection with a
referendum or, when the polls at two referenda are taken on the same day, for
the purposes of or in connection with those referenda.

[3.The scale of
maximum charges for the purposes of section 12 of the Referendum Act, 1942, as
extended by section 64 of the Electoral Act, 1963, and, in the case of the
referenda in relation to the Third Amendment of the Constitution Bill, 1968,
and the Fourth Amendment of the Constitution Bill, 1968, section 1 of the
Referendum (Amendment) Act, 1968, shall be the scale set out in the First
Schedule to these Regulations.

[4.In case the polls
at the referenda in relation to the Third Amendment of the Constitution Bill,
1968, and the Fourth Amendment of the Constitution Bill, 1968, are taken on the
same day, the scale of maximum charges for the purposes of section 12 of the Referendum
Act, 1942 (as extended by sections 64 of the Electoral Act, 1963, and, in the
case of those referenda, section 1 of the Referendum (Amendment) Act, 1968) and
the said section 91 shall be the scale set out in the Second Schedule to these
regulations.

[5.The accounts
shall be rendered to the Minister for Finance within a period of six weeks from
polling day by being addressed and sent to the Secretary, Department of
Finance, Upper Merrion Street, Dublin 2.

[6.The accounts
shall be accompanied by a declaration made and subscribed by the local returning
officer rendering them and every such declaration shall be in the following
form:

I declare that the
accounts rendered by me in respect of my services and disbursements are correct
to the best of my knowledge and belief.

(Signed)__________________________

[7.In the case of
disbursements which have been already settled, vouchers and receipts shall be
submitted with the accounts and, in the case of charges which have not been
settled, the relevant bills shall be submitted with the accounts.

[8.The accounts
shall be prepared in such form as shows the items of expenditure and the total
thereof under each of the various headings specified in the appropriate scale
of maximum charges.

[9.In rendering the
accounts due regard shall be had to any directions issued by the Minister for
Finance to local returning officers with reference to the particulars and
information to be furnished in support of claims for payment out of the Central
Fund.

[10.Nothing in these
Regulations shall be taken as authorising more than one charge in respect of a
particular disbursement.

[11.The scale of
maximum charges to be paid to local returning officers prescribed by the
Referendum and Presidential Elections (Local Returning Officers' Charges and
Accounts) Regulations, 1959 (S.I. No. 81 of 1959), shall not apply to any
referendum the poll at which is taken after the making of these Regulations.

FIRST SCHEDULE

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY
REGISTRAR.

(1) For performing
all the duties which a local returning officer is required by law to perform in
connection with a referendum (other than duties in connection with the matters
specially provided for at paragraphs (2), (3) and (4) below):—

As respects a
borough constituency :—

For every complete
100 of the electors:—

£s.d.

up to 75,000
electors .. .. .. .. ..50

exceeding 75,000
electors .. .. .. .. ..26

Provided that where
a person is a local returning officer for more than one borough constituency,
all the borough constituencies for which he is local returning officer shall,
for the purposes of the foregoing provisions of this paragraph, be deemed to be
a single borough constituency.

As respects any
other constituency :—

For every complete
100 of the electors .. .. ..56

(2) For despatch and
receipt of ballot papers of postal voters and for despatch of polling cards to
postal voters :—

For every complete
100 postal voters or fraction thereof exceeding

one-half on the register .. .. .. .. .. ..250

subject to a minimum of .. .. .. .. .. ..250

(3) For all duties
appertaining to the counting of the votes in the constituency :—

Up to 50,000
electors .. .. .. .. .. ..1500

For each complete
5,000 electors over 50,000 .. .. .. 150

(4) In the event of
a recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b)
remuneration for the original count.

(These fees cover
any payments made to a deputy local returning officer for the discharge of any
duties of a local returning officer which may be assigned to him.)

Provided that where
the number of polling stations in a polling place exceeds four, £6 10s. 0d. may
be paid in the case of such one (and one only) of the presiding officers as may
be designated by the local returning officer.

A local returning
officer may appoint one emergency presiding officer in a constituency who may
be paid a retaining fee of £3 to be increased to the full appropriate fee if he
is necessarily employed as a presiding officer, and in the case of a county constituency,
if it consists of parts situate in two counties, two emergency presiding
officers may be so appointed and paid and if it consists of parts situate in
three counties, three emergency presiding officers may be so appointed and
paid.£
s.d.

(b)one poll clerk for each presiding officer .. ..
..3100

(2)Counting the
Votes

Up to 30,000
electors .. .. .. .. ..9000

For each complete
1,000 electors over 30,000 .. .. 100

(The total sum shall
be divided at the discretion of the local returning officer between all
competent persons appointed to assist him in counting the votes).

(3)Miscellaneous

(a)clerical, legal and other assistance employed
by the local returning officer for the purposes of the election—excluding any
services for which payment is otherwise authorised by this scale—and for all
expenses of the local returning officer (including, in particular, expenses
incurred in complying with section 64 of the Electoral Act, 1963 (No. 19 of
1963), and with section 1 of the Referendum (Amendment) Act, 1968 (No. 34 of
1968)) not so authorised :—

For every complete
100 electors or fraction thereof exceeding one-half in the constituency :—

in a borough
constituency .. .. .. .. ..106

elsewhere .. .. ..
.. .. .. ..110

together with, in
respect of assistance as aforesaid employed by the local returning officer,
£45; provided that where a local returning officer acts for more than one
constituency, the additional sum payable in respect of each constituency after
the first shall not exceed £30.

(b)for the assistance of a special legal assessor
employed by the local returning officer with the prior consent of the Minister
for Local Government.Such sum as may be
as may be authorised by the Minister for Finance

(c)remuneration of persons engaged in the despatch
and receipt of postal voters' ballot papers :—

For every complete
100 postal voters or fraction thereof exceeding one-half on the register for
the constituency..250

(d)local returning officer's or deputy local
returning officer's travelling expenses where necessary to make arrangements
for the poll or otherwise in connection with the conduct of the referendum.First-class railway expenses or, where rail
service is not available actual and necessary cost, with subsistence allowance
at the rate of £1 7s. 0d. a night if necessarily absent from home on account of
duty (Mileage expenses shall be calculated as though journeys were taken from
the county court-house of the constituency).

(e)travelling expenses of presiding officers and
poll clerks, excluding any expenses incurred in conveying the ballot boxes from
the polling station to the place where the votes are counted.Standard-class railway expenses, or, where rail
service is not available, actual and necessary cost, with subsistence allowance
at the rate of 10s. Od. a night if necessarily detained on account of duty
after 10.30 p.m., and 15s. 0d. a night if so detained after 12 midnight.

(f)travelling expenses of clerical or other
assistants employed by the local returning officer in connection with the
conduct of the referendum.

(g)conveying of polling screens, ballot boxes,
ballot papers, etc., in connection with the referendum.Actual railway charges, or, where rail service is not available,
actual and necessary cost.

(h)printing and publishing notices, etc., required
in and about the referendum.Cost as
charged by the Stationery Office, or where printing is arranged for by the
local returning officer, the actual and necessary cost.

(i)use of any building or room for the purposes of
the referendum.Actual and necessary
expenses arising.

(j)fitting up polling stations, including the
provision of voting compartments and the hire of necessary furniture.Cost as charged by the Office of Public Works,
or, if the work is done locally, actual and necessary cost.

(k)ballot boxes required to be purchased, hired or
repaired.

(l)stamping instruments required to be purchased,
hired, altered or repaired.Cost as
charged by the Stationery Office.

(4) In the event of
a recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b) remuneration
for the original count.

SECOND SCHEDULE

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY
REGISTRAR.

(1) For performing
all the duties which a local returning officer is required by law to perform in
connection with the referenda (other than the duties in connection with the
matters specially provided for at paragraphs (2), (3) and (4) below) :

As respect a borough
constituency:—

For every complete
100 of the electors:—£s.d.

Up to 75,000
electors .. .. .. .. .. ..63

exceeding 75,000
electors .. .. .. .. ..33

Provided that where
a person is a local returning officer for more than one borough constituency,
all the borough constituencies for which he is local returning officer shall,
for the purposes of the foregoing provisions of this paragraph, be deemed to be
a single borough constituency.

As respect any other
constituency :—

For every complete
100 of the electors .. .. ..69

(2) For despatch and
receipt of ballot papers of postal voters and for despatch of polling cards to
postal voters.

(3) For all duties
appertaining to the counting of the votes in the constituency :—

Up to 50,000
electors .. .. .. .. ..22100

For each complete
5,000 electors over 50,000 .. ..£

1s.

2d.

6

(4) In the event of
a recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b)
remuneration for the original count.

(These fees cover
any payments made to a deputy local returning officer for the discharge of any
duties of a local returning officer which may be assigned to him).

Provided that where
the number of polling stations in a polling place exceeds four, £7 17s. 6d. pay
be paid in the case of such one (and one only) of the presiding officers as may
be designated by the local returning officer

(b)For the assistance of a special legal assessor
employed by the local returning officer with the prior consent of the Minister
for Local Government.Such sum as may be
authorised by the Minister for Finance.

(c)A local returning officer may appoint one
emergency presiding officer in a constituency who may be paid a retaining fee
of £3 to be increased to the full appropriate fee if he is necessarily employed
as a presiding officer, and in the case of a county constituency if it consists
of parts situate in two counties, two emergency presiding officers may be so
appointed and paid and if it consists of parts situate in three counties, three
emergency presiding officers may be so appointed and paid.

(d)If only one poll clerk employed .. .. .. .. ..476

(e)If two poll clerks necessarily employed .. ..
..3100

each

(2)Counting the
Votes

Up to 30,000
electors .. .. .. .. ..18000

For each complete
1,000 electors over 30,000 .. ..2 00

(The total sum shall
be divided at the discretion of the local returning officer between all
competent persons appointed to assist him in counting the votes).

(3)Miscellaneous

(a)clerical, legal and other assistance employed
by the local returning officer for the purposes of the election—excluding any
services for which payment is otherwise authorised by this scale—and for all
expenses of the local returning officer (including, in particular, expenses
incurred in complying with section 64 of the Electoral Act, 1963 (No. 19 of
1963), and with Section 1 of the Referendum (Amendment) Act, 1968 (No. 34 of
1968)) not so authorised—

For every complete
100 electors or fraction thereof exceeding one-half in the constituency—

£ s.d.

in a borough
constituency ... ... ... ...106

elsewhere ... ...
... ... ... ...110

together with, in
respect of assistance as aforesaid employed by the local returning officer, £45
; provided that where a local returning officer acts for more than one
constituency, the additional sum payable in respect of each constituency after
the first shall not exceed £30.

(b)remuneration of persons engaged in the despatch
and receipt of postal voters' ballot papers—

For every complete
100 postal voters or fraction thereof

exceeding one-half
on the register for the constituency 4100

(c)local returning officer's or deputy local
returning officer's travelling expenses where necessary to make arrangements
for the poll or otherwise in connection with the conduct of the referenda.First-class railway expenses or, where rail
service is not available, actual and necessary cost, with subsistence allowance
at the rate of £1 7s. 0d. a night if necessarily absent from home on account of
duty. (Mileage expenses shall be calculated as though journeys were taken from the
county courthouse of the constituency).

(d)travelling expenses of presiding officers and
poll clerks, excluding any expenses incurred in conveying the ballot boxes from
the polling station to the place where the votes are counted.Standard-class railway expenses or, where rail
service is not available, actual and necessary cost, with subsistence allowance
at the rate of 10s. 0d. a night if necessarily detained on account of duty
after 10.30 p.m., and 15s. 0d. a night if so detained after 12 midnight.

(e)travelling expenses of clerical or other
assistance employed by the local returning officer or deputy local returning
officer in connection with the conduct of the referenda.

(f)conveying of polling screens, ballot boxes,
ballot papers, etc., in connection with the referenda.Actual railway charges, or where rail service is not available,
actual and necessary cost.

(g)printing and publishing notices, etc., required
in and about the referenda.Cost as
charged by the Stationery Office, or where printing is arranged for by the
local returning officer, the actual and necessary cost.

(h)use of any building or room for the purposes of
the referenda.Actual and necessary
expenses arising.

(i)fitting up polling stations, including the
provision of voting compartments and the hire of necessary furniture.Cost as charged by the Office of Public Works,
or, if the work is done locally, actual and necessary cost.

(j)ballot boxes required to be purchased, hired or
repaired.

(k)stamping instruments required to be purchased,
hired, altered or repaired.Cost as
charged by the Stationery Office.

(4) In the event of
a recount of votes under Rule 26 of the First Schedule to the Referendum Act,
1942, there shall be paid in respect thereof such sum as may be authorised by
the Minister for Finance based on (a) the time spent thereon and (b) remuneration
for the original count.

GIVEN under my Official Seal, this 10th day of September,
1968.

CHARLES J. HAUGHEY,

Minister for
Finance.

EXPLANATORY NOTE.

These regulations
set out the scale of maximum charges for local returning officers in respect of
a referendum or of two referenda the polls at which are taken on the same day.

The Minister for
Local Government in exercise of the powers conferred on him by sections 21 of
the Electoral Act, 1923, rule 3 (4) of the Fourth Schedule to the said Act,
rules 28 and 43 of Part I of the Fifth Schedule to the said Act, rule 9 (3) (a)
of the said Part of the said Schedule (inserted by section 21 of the Electoral
Act, 1963), sections 4 of the Presidential Elections Act, 1937 (No. 32 of 1937)
and rule 22 of the First Schedule to the said Act, sections 3 and 20of the Referendum Act, 1942, (No. 8 of 1942)
and rules 3, 23, 31 and 32 of the First Schedule to the said Act and sections
15 of the Electoral Act, 1963 (No. 19 of 1963) hereby orders as follows and
makes the following Regulations:—

[1.These Regulations
may be cited as the Forms (Dáil Elections, Presidential Elections and
Referenda) Regulations, 1963.

[2.In these
Regulations—

"the Act of
1923" means the Electoral Act, 1923;

"the Act of
1937" means the Presidential Elections Act, 1937;

"the Act of
1942" means the Referendum Act, 1942;

"the Act of
1963" means the Electoral Act, 1963.

[3.Each of the forms
in the Schedule hereto shall be the prescribed form for the purpose for which
such form is expressed to be applicable.

[4.The forms D.E.I,
D.E.2 and D.E.9 in the Schedule hereto are hereby specified as being
respectively the form of notice of election, nomination paper and notice of
result of election and of transfer of votes in substitution for the
corresponding forms in Part III of the Fifth Schedule to the Act of 1923.

Pursuant to a writ
issued to me by the Clerk of Dáil Éireann I am about to proceed to the election
of............................ member (s) of the Dáil for this constituency.

Nomination papers
may be obtained from the address below during the usual office hours.

A person may
nominate himself as a candidate or may, with his consent, be nominated by a
proposer who is registered as a Dáil elector in the constituency.

A deposit of £100
should accompany each nomination.

If a person wishes
to be entered on ballot papers as representing a registered political party, a
Certificate of Political Affiliation must be produced to me with his completed
nomination paper.

The latest time for
receiving nominations is 12 noon on the ...................day of
.................... 19.....

Completed nomination
papers may be delivered to me in person by the candidate or his proposer at any
time when I am at my office, from the second day after the date of publication
of this notice until 12 noon on the last day for receiving nominations. I will
attend to receive nominations on the day before the last day for receiving
nominations and on such last day as follows:

1.I nominate the
person named under as candidate for election to Dáil Éireann for the
constituency
of.........................................................................................................................

2.I have read the
notes on the back of this form and declare that I believe the person named as
candidate to be eligible for election.

Surname of CandidatesOther
NamesDescription

AddressOccupationName of political party, if any

PLEASEUSE BLOCK LETTERS

3.Name and address
of person to whom deposit is to be returned..........................................................................................

These notes are for
guidance only and do not purport to be a definitive statement of the law.

1.A candidate may
nominate himself or may, with his consent, be nominated by a proposer. A
proposer must be registered as a Dáil elector in the constituency for which he
proposes to nominate the candidate (Section 21 of 19 of 1963).

Deposit:

2.A nomination will
be deemed to have been withdrawn if a deposit of £100 is not lodged with the
returning officer before 12 noon on the last day for receiving nominations. The
deposit should be in legal tender or, with the consent of the returning officer,
by bank draft or otherwise. The deposit is returnable if the nomination paper
is deemed invalid, or if the candidate is elected, or is withdrawn before 12
noon on the day after the last day for receiving nominations. If the candidate
is not elected, it is also returnable unless the number of votes polled by him
does not exceed one-third of the quota. It will be returned to the person
making it and his name should be entered at 3 overleaf (Section 20 of 19 of
1963).

Certificate of Political Affiliation:

3.If a candidate
represents a registered political party a completed Certificate of Political
Affiliation must be lodged with the nomination paper and the name of the Party
inserted in the appropriate column overleaf. If the candidate does not
represent a registered political party the column may be left blank or the
words "Non-Party" may be entered in it (Section 21 of 19 of 1963).

Delivery of Nomination Paper:

4.The completed
nomination paper should be delivered personally to the returning officer by the
candidate or by his proposer, if he has one, from the second day after the
publication of the Notice of Election and before 12 noon on the last day for
receiving nominations (Section 21 of 19 of 1963).

5.The returning
officer will rule on the validity of the nomination within one hour of its
delivery to him. He is required to object to a description of a candidate which
is, in his opinion, incorrect, insufficient to identify the candidate or
unnecessarily long. The candidate and his proposer, if any, and one other
person selected by the candidate (or his proposer) and no other person, unless
permitted by the returning officer, may attend the ruling (Section 21 of 19 of 1963).

Qualifications, Disqualifications and Incapacities for
Election to Dáil Éireann:

6.Citizens who have
reached the age of 21 years and are not disqualified or incapacitated are
eligible for election.

(a)a member of the Defence Forces or any police
force in the State on full pay;

(b)a civil servant unless permitted by his terms
of employment to be a member;

(c)a person undergoing imprisonment with hard
labour for a period exceeding six months or penal servitude for any term
imposed by a Court in the State;

(d)a person of unsound mind;

(e)an undischarged bankrupt under an adjudication
by a Court in the State.

Persons holding
certain offices may be required by Statute or the terms of their employment to vacate
them if they become members of the Dáil.

Appointment of Election Agent:

7.On or before the
last day for receiving nominations an election agent must be appointed for each
candidate and his name and address notified to the returning officer. This
notification could be given to the returning officer when the nomination paper
is being handed in. A candidate may name himself as election agent (Section 29
of 38 of 1923).

Penalties:

8.THERE ARE SEVERE
PENALTIES FOR—

(1) PRODUCING TO THE RETURNING OFFICER A FORGED
NOMINATION PAPER OR CERTIFICATE OF POLITICAL AFFILIATION (Section 46 of 38 of
1923 and Section 21 of 19 of 1963);

(2)NOMINATING
A CANDIDATE WITHOUT HIS CONSENT (Section 21 of 19 of 1963);

(3)MAKING
A FALSE DECLARATION THAT A CANDIDATE IS ELIGIBLE FOR ELECTION (Section 15 of 19
of 1963).

D.E.3.

Rule 9 (3) (a) of
Part I of the Fifth Schedule to Act of 1923 (inserted by Section 21 of Act of
1963).

sa toghchán comhaltaí de Dháil Éireann do
dháilcheantar...................................................................Party at hte election of members of Dáil
Éireann for the constituency
of.........................................................

..................................................................................toisc.................................................................consequent
on

The name, address
and occupation of the candidate in this certificate should be the same as they
will be in the nomination paper.

The cause of the election, e.g., the dissolution of the
Dáil on the . .....................................day

of........................................19.........., or
to fill the vacancy caused by the .death of ........................ etc.,
should be inserted.

The certificate should be signed by the
officer or officers of the Party whose name or names appear in the Register of
Political Parties as being authorised to sign certificates authenticating the
candidature of candidates of the Party.

3. Number of ballot papers rejected and not counted under
the following heads:

(a)Want of official mark..............................

(b)Writing or mark by which the voter could be
identified...............................

(c)Unmarked or void for uncertainty.. ........................

Total number of
ballot papers rejected. ..............................

4. Gross total of votes cast........ .. .........................

I certify that the particulars set out in the above report
are correct.

................................................

Local Returning
Officer

Date.............................................

R.A.5.

(Rule 32 of First
Schedule to Act of 1942).

REFERENDUM ACT, 1942.

CONSTITUTIONAL REFERENDUM.

Provisional
Referendum Certificate stating the result of the voting in the referendum taken
on the .............. day of ................... 19.., under the Referendum
Act, 1942, prepared by the Referendum Returning Officer from the reports
furnished to him by the several local returning officers in all the
constituencies.

1.The number of votes recorded at the referendum
in each constituency, in favour of the proposal, and against the proposal,
contained in the Bill entitled—

are shown
respectively, for each such constituency, in the table hereunder:

ConstituencyNumber
of votes recorded in favour of the proposalNumber
of votes recorded against the proposal

2.(a)The
total number of votes recorded at the referendum in favour of the proposal is
..........................................................................................................................................

(b)The total number of votes recorded at the
referendum against the proposal is.
..........................................................................................................................................

3.A majority of the votes recorded at the
referendum* .............................................................

Provisional
Referendum Certificate stating the result of the voting in the referendum taken
on the .. ........... day of ............................... 19...... under the
Referendum Act, 1942, prepared by the Referendum Returning Officer from the
reports furnished to him by the several local returning officers in all the
constituencies.

1.The number of votes recorded at the referendum
in each constituency in favour of the proposal, and against the proposal,
contained in the Bill entitled—

are shown respectively, for each constituency, in the
table hereunder:

Name of ConstituencyNumber
of votes recorded in favour of the proposalNumber
of votes recorded against the proposal

2.(a)The
total number of votes recorded at the referendum in favour of the proposal is
......................................................................................................................................

(b)The total number of votes recorded at the
referendum against the proposal is
......................................................................................................................................

3.The total number of Dáil electors on the register
of electors for the time being in force was
...............................................................................................................................................

4.The number of votes recorded against the
proposal*........................................ less than thirty-three and
one-third per cent. of the said number of Dáil electors.

5.The
proposal*............................................. vetoed at the
referendum.

I, SÉAMAS Ó RIAIN, Minister for Finance, in exercise of
the powers conferred on me by subsection (5) of section 12 of the Referendum
Act, 1942 (No. 8 of 1942), as extended by section 4 of the Referendum
(Amendment) Act, 1946 (No. 30 of 1946), and section 5 of the Referendum
(Amendment) Act, 1959 (No. 5 of 1959), and subsection (5) of section 21 of the
Presidential Elections Act, 1937 (No. 32 of 1937), as extended by section 4 of
the Presidential Elections (Amendment) Act, 1946 (No. 29 of 1946), hereby make
the following regulations :—

[1. These Regulations may be cited as the Referendum and
Presidential Elections (Local Returning Officers' Charges and Accounts)
Regulations, 1959.

[2. In these Regulations—

" electors " means in relation to the
ascertainment of the maximum sum payable to a local returning officer, the
number of persons registered in the register of Dáil electors for the
constituency in respect of which he is the local returning officer ;

" accounts " means the accounts of a local
returning officer in respect of services and expenses which have been properly
rendered or incurred by him for the purposes of or in connection with a
referendum or a presidential election.

[3. The scale of maximum charges for the purposes of
section 12 of the Referendum Act, 1942, as extended by section 4 of the
Referendum (Amendment) Act, 1946, and, in the case of the referendum in
relation to the Third Amendment of the Constitution Bill, 1958, section 5 of
the Referendum (Amendment) Act, 1959, to be paid to local returning officers
shall be the scale set forth in the First Schedule to these Regulations.

[4. In the case of a presidential election the poll at
which is taken on the day on which the poll at a referendum is taken, the scale
of maximum charges for the purposes of section 21 of the Presidential Elections
Act, 1937, as extended by section 4 of the Presidential Elections (Amendment)
Act, 1946, to be paid to local returning officers shall be the scale set forth
in the Second Schedule to these Regulations.

[5. The accounts shall be rendered to the Minister for Finance
within a period of six weeks from the polling day by being addressed and sent
to the Secretary, Department of Finance, Upper Merrion Street, Dublin.

"

[6. The accounts shall be accompanied by a declaration
made and subscribed by the local returning officer rendering them and every
such declaration shall be in the following form :—

I declare that the accounts rendered by me in respect of
my services and disbursements are correct to the best of my knowledge and
belief.

(Signed) ...........................................

[7. In the case of disbursements which have been already
settled, vouchers and receipts shall be submitted with the accounts, and in the
case of charges which have not been settled the relevant bills shall be
submitted with the accounts.

[8. The accounts shall be prepared in such form as will
show the items of expenditure and the total thereof under each of the various
headings specified in the appropriate scale of maximum charges.

[9. In rendering the accounts due regard shall be had to
any directions issued by the Minister for Finance to local returning officers
with reference to the particulars and information to be furnished in support of
claims for payment out of the Central Fund.

[10. Nothing in these Regulations shall be taken as
authorising more than one charge in respect of a particular disbursement.

FIRST SCHEDULE.

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY
REGISTRAR.

(1) For performing all the duties which a local returning
officer is required by law to perform in connection with a referendum (other
than duties in connection with the matters specially provided for at paragraphs
(2) and (3) below) :—

As respects a borough constituency—

For every complete 100 of the electors—

£s.d.

up to 75,000 electors29

exceeding 75,000 electors13

Provided that where a person is a local returning officer
for more than one borough constituency, all the borough constituencies for
which he is local returning officer shall, for the purposes of the foregoing
provisions of this paragraph, be deemed to be a single borough constituency.

As respects any other constituency—

For every complete 100 of the electors—30

(2) For despatch and receipt of ballot papers of postal
voters and, in the case of the referendum in relation to the Third Amendment of
the Constitution Bill, 1958, for despatch of polling cards to postal voters :—

£s.d.

For every complete 100 postal voters or fraction thereof
exceeding one-half on the register1100

subject to a minimum of1100

"

(3) For all duties appertaining to the counting of the
votes in the constituency1000

(These fees cover any payments made to a deputy local
returning officer for the discharge of any duties of a local returning officer
which may be assigned to him)

(B)—DISBURSEMENTS OF LOCAL RETURNING OFFICER.

(1) Taking the poll.

£s.d.

(a) each presiding officer—to cover all expenses, other
than travelling expenses and subsistence allowances authorised in this scale400

Provided that where the number of polling stations in a
polling place exceeds four, £5 0s. 0d. may be paid in the case of such one (and
one only) of the presiding officers as may be designated by the local returning
officer.

A local returning officer may appoint one emergency
presiding officer in a constituency who may be paid a retaining fee of £1 15s.
0d. to be increased to the full appropriate fee if he is necessarily employed
as a presiding officer and in the case of a county constituency, part of which
is situate in one county and part in another, two emergency presiding officers
may be so appointed and paid.

(b) one poll clerk for each presiding officer200

(2) Counting the votes.

Up to 50,000 electors4200

For each complete 1,000 electors over 50,000120

(The total sum shall be divided at the discretion of the
local returning officer between all competent persons appointed to assist him
in counting the votes.)

(3) Miscellaneous.

(a) clerical, legal and other assistance employed by the
local returning officer for the purposes of the election—excluding any services
for which payment is otherwise authorised by this scale—and for all expenses of
the local returning officer (including, in particular, expenses incurred in
complying with section 4 of the Referendum (Amendment) Act, 1946 (No. 30 of
1946), and, in the case of the referendum in relation to the Third Amendment of
the Constitution Bill, 1958, section 5 of the Referendum (Amendment) Act, 1959
(No. 5 of 1959) not so authorised—

for every complete 100 electors or fraction thereof
exceeding one-half in the constituency—

in a borough constituency70

elsewhere76

together with, in respect of assistance as aforesaid
employed by the local returning officer, an additional sum of £30 : provided
that, where a local returning officer acts for more than one constituency, the
additional sum payable in respect of each constituency after the first shall
not exceed £20,

"

(b) remuneration of persons engaged in the despatch and
receipt of postal voters' ballot papers and, in the case of the referendum in
relation to the Third Amendment of the Constitution Bill, 1958, in the despatch
of polling cards to postal voters—

for every complete 100 postal voters or fraction thereof
exceeding one-half on the register for the constituency1100

(c) local returning officer's or deputy local returning
officer's travelling expenses where necessary to make arrangements for the poll
or otherwise in connection with the conduct of the referendum.First-class
railway expenses, or, where rail service is not available, actual and necessary
cost, with subsistence allowance at the rate of 21s. 6d. a night if necessarily
absent from home on account of duty (mileage expenses shall be calculated as
though journeys were taken from the county court-house of the constituency).

(d) travelling expenses of presiding officers and poll
clerks, excluding any expenses incurred in conveying the ballot boxes from the
polling station to the place where the votes are counted.Second-class
railway expenses, or, where rail service is not available, actual and necessary
cost, with subsistence allowance at the rate of 6s. 6d. a night if necessarily
detained on account of duty after 10.30 p.m., and 11s. 6d. a night if so
detained after 12 midnight. Subsistence allowance shall not be payable under
subparagraph (d) to a presiding officer whose fee for taking the poll is £5.

(e) travelling expenses of clerical or other assistants
employed by the local returning officer or deputy local returning officer in
connection with the conduct of the referendum.

(f) conveying of polling screens, ballot boxes, ballot
papers, etc., in connection with the referendum,Actual railway charges, or,
where rail service is not available, actual and necessary cost.

(g) printing and publishing notices, etc., required in and
about the referendum,Cost as charged by the Stationery Office, or
where printing is arranged for by the local returning officer, the actual and
necessary cost.

(h) use of any building or room for the purposes of the
referendum,Actual and necessary expenses arising.

(i) fitting up polling stations, including the provision
of voting compartments and the hire of necessary furniture,Cost as charged by the Office of Public Works,
or, if the work is done locally, actual and necessary cost.

(j) ballot boxes required to be purchased, hired or
repaired,

"

(k) stamping instruments required to be purchased, hired,
altered or repaired,Cost as charged by
the Stationery Office.

(l) stationery at polling stations,Cost as charged by the Stationery Office.

(m) copies of the register, not exceeding five for each
constituency,Actual cost.

(1) For performing all the duties which a local returning
officer is required by law to perform in connection with a Presidential
Election (other than duties in connection with matters specially provided for
at paragraphs (2) and (8) below) :—

As a respect of a borough constituency—

For every complete 100 of the electors—

£s.d.

up to 75,000 electors13

exceeding 75,000 electors9

Provided that where a person is a local returning officer
for more than one borough constituency, all the borough constituencies for
which he is local returning officer shall, for the purposes of the foregoing
provisions of this paragraph, be deemed to be a single borough constituency.

As respects any other constituency—

For every complete 100 of the electors—13

(2) For despatch and receipt of ballot papers of postal
voters :—

For every complete 100 postal voters or fraction thereof
exceeding one-half on the register1100

subject to a minimum of1100

(3) For all duties appertaining to the counting of the
votes in the constituency1000

(These fees cover any payments made to a deputy local
returning officer for the discharge of any duties of a local returning officer
which may be assigned to him.

(B)—DISBURSEMENTS OF LOCAL RETURNING OFFICER.

(1) Taking the poll.

£s.d.

(a) each presiding officer where the number of electors
assigned to a polling station exceeds 500100

(b) an additional Poll Clerk for each presiding officer if
necessarily employed200

"

(2) Counting the votes.

Up to 50,000 electors4200

For each complete 1,000 electors over 50,000120

(The total sum shall be divided at the discretion of the
local returning officer between all competent persons appointed to assist him
in counting the votes.)

(3) Miscellaneous.

(a) clerical, legal and other assistance employed by the
local returning officer for the purposes of the presidential election—

for every complete 100 electors or fraction thereof
exceeding one-half in the constituency40

(b) remuneration of persons engaged in the despatch and
receipt of postal voters' ballot papers—

For every complete 100 postal voters or fraction thereof
exceeding one-half on the register for the constituency1100

(c) local returning officer's or deputy local returning
officer's travelling expenses where necessary to make arrangements for the poll
or otherwise in connection with the conduct of the presidential election,First-class railway expenses, or, where rail
service is not available, actual and necessary cost, with subsistence allowance
at the rate of 21s. 6d. a night if necessarily absent from home on account of
duty (mileage expenses shall be calculated as though journeys were taken from
the county courthouse of the constituency).

(d) travelling expenses of presiding officers and poll
clerks, excluding any expenses incurred in conveying the ballot boxes from the
polling station to the place where the votes are counted.Second-class
railway expenses, or, where rail service is not available, actual and necessary
cost, with subsistence allowance at the rate of 6s. 6d. a night if necessarily
detained on account of duty after 10.30 p.m., and 11s. 6d. a night if so detained
after 12 midnight. Subsistence allowance shall not be payable under
subparagraph (d) to a presiding officer whose fee for taking the poll at the
referendum is £5.

(e) travelling expenses of clerical or other assistants
employed by the local returning officer or deputy local returning officer in
connection with the conduct of the presidential election.

(f) conveying of polling screens, ballot boxes, ballot
papers, etc., in connection with the presidential election,Actual
railway charges, or, where rail service is not available, actual and necessary
cost.

"

(g) printing and publishing notices, etc., required in and
about the presidential election,Cost as
charged by the Stationery Office, or where printing is arranged for by the
local returning officer, the actual and necessary cost.

(h) use of any building or room for the purposes of the
presidential election,Actual and necessary expenses arising.

(i) fitting up polling stations, including the provision
of voting compartments and the hire of necessary furniture,Cost as charged by the Office of Public Works,
or, if the work is done locally, actual and necessary cost.

(j) ballot boxes required to be purchased, hired or
repaired,

(k) stationery at polling stations,Cost as charged by the Stationery Office.

(l) copies of the register, not exceeding five for each
constituency,Actual cost.

This order sets out the scale of maximum charges for local
returning officers in respect of a referendum and a presidential election the
poll at which is taken on the same day on which the poll at a referendum is
taken.

"

STATUTORY RULES AND ORDERS.

[1937. No. 142.

No. 142/1937: PLEBISCITE (ACCOUNTS) REGULATIONS, 1937.

WHEREAS it is
enacted by sub-section 1 of section 11 of the Plebiscite (Draft Constitution)
Act, 1937 (No. 16 of 1937), that the plebiscite returning officer and every
returning officer for a constituency shall be entitled to his reasonable
charges in respect of services and expenses in connection with the plebiscite,
not exceeding the sums specified in the appropriate scale of maximum charges
framed under the said section 11:

AND WHEREAS it is
enacted by sub-section (5) of the said section 11 that the Minister for Finance
shall make regulations prescribing the time when and manner and form in which
accounts are to be rendered to him for the purpose of payment of charges under
the said section 11:

NOW, the Minister
for Finance in exercise of the powers vested in him by sub-section (5) of
section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937),
and of every and any other power him in this behalf enabling, hereby makes the
following regulations, that is to say :—

[1.These Regulations
may be cited as the Plebiscite (Accounts) Regulations, 1937.

[2.The
Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of
these Regulations in like manner as it applies to the interpretation of an Act
of the Oireachtas.

[3.In these
regulations the word " accounts " means the accounts of a returning
officer or the plebiscite returning officer in respect of services and expenses
which have been properly rendered or incurred by him for the purposes of or in
connection with the plebiscite.

[4.The accounts
shall be submitted within a period of eight weeks from—

(a)in the case of a returning officer, the last day
for receiving nominations at the general election concurrent with which the
plebiscite is taken, or

(b)in the case of the plebiscite returning
officer, the date of the taking of the plebiscite, and, in either case, shall
be addressed and sent to the Secretary, Department of Finance, Upper Merrion
Street, Dublin.

[5.The accounts
shall be accompanied by a declaration made and subscribed by the returning
officer or the plebiscite returning officer (as the case may be) submitting the
same and every such declaration shall be in the following form:—

I declare that the
accounts submitted by me in respect of my services and disbursements are
correct to the best of my knowledge and belief.

(Signed)

[6.In the case of
disbursements which have been already settled vouchers and receipts shall be
submitted with the accounts, and in the case of charges which have not been
settled the relevant bills shall be submitted with the accounts.

[7.The accounts
shall be prepared in such form as will show the items of expenditure and the
total thereof under each of the various headings specified in the appropriate
scale of maximum charges prescribed by the Minister for Finance under
sub-section (5) of section 11 of the Plebiscite (Draft Constitution) Act, 1937
(No. 16 of 1937).

[8.In submitting the
accounts due regard shall be had to any directions issued by the Minister for
Finance to returning officers or the plebiscite returning officer (as the case
may require) with reference to the particulars and information to be furnished
in support of claims for payment out of the Exchequer.

WHEREAS it is
enacted by sub-section (1) of section 25 of the Electoral Act, 1923 (No. 12 of
1923), that the returning officer at a Dáil election shall be entitled to his
reasonable charges not exceeding the sums specified in the scale of maximum
charges framed under that section in respect of services and expenses of the
several kinds mentioned in the said scale which have been properly rendered or
incurred by him for the purposes of or in connection with the election, and it
is enacted by sub-section (5) of the said section 25 that the Minister for
Finance shall prescribe a scale of maximum charges for the purposes of that
section, and may revise the scale as and when he thinks fit.

AND WHEREAS in
pursuance of the powers conferred by the said sub-section (5) of section 25 of
the Electoral Act, 1923, a scale of maximum charges for returning officers for
borough constituencies and county constituencies respectively for the purposes
of the said section was prescribed by the Minister for Finance on the 17th day
of May, 1927.

AND WHEREAS it is
expedient that the said scale of maximum charges so prescribed should be
revised,

NOW, the Minister
for Finance, in exercise of the powers conferred on him by sub-section (5) of
section 25 of the Electoral Act, 1923 (No. 12 of 1923), and of every and any
other power him in that behalf enabling hereby orders as follows:—

[1.This order may be
cited for all purposes as the Returning Officers' (Borough and County
Constituencies) Charges Order, 1937.

[2.The
Interpretation Act, 1889, applies to the interpretation of this order in like
manner as it applies to the interpretation of an Act of the Oireachtas passed
before the 1st day of January, 1924.

[3.The scale of
maximum charges for returning officers for borough constituencies and county
constituencies respectively prescribed by the Minister for Finance on the 17th
day of May, 1927, under section 25 of the Electoral Act, 1923, is hereby
revoked.

[4.The scale of
maximum charges for the purposes of section 25 of the Electoral Act, 1923, to
be paid to returning officers for borough constituencies and county
constituencies respectively shall be the scale set forth in the Schedule
hereto.

Given under the
Official Seal of the Minister for

Finance this seventeenth day of June, in the

year one thousand nine hundred and thirty-

seven.

(Signed) J. J.
McELLIGOTT,

Secretary,

Department of
Finance.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

PART I.

1.In this Scale,
unless the context otherwise requires:—

(a)The expression "constituency" means
any constituency named in the Eighth Schedule to the Electoral Act, 1923, as
amended by the Electoral (Revision of Constituencies) Act, 1935;

(b)The expression "borough constituency"
means any constituency named in Part I of the said Schedule;

(c)The expression "county constituency"
means any constituency named in Part II of the said Schedule;

(d)For the purpose of ascertaining the maximum fee
or expense payable pursuant to an Article of this Scale the term
"Electors" means the number of registered Dáil Electors on the
Register of Electors for that portion of the constituency in respect of which
the Returning Officer or Assistant Returning Officer discharges the duties
mentioned in such Article.

2.This scale shall
only apply to a General Election to Dáil Eireann.

3.Part II A of this
scale shall not apply in the case of a County Registrar who is a Returning
Officer or an Assistant Returning Officer.

PART II.

A.—FOR SERVICES OF RETURNING OFFICER.

1.In a Contested
Election.

(1) To the Returning
Officer or the Assistant Returning Officer for conducting the election and
generally performing all the duties which a Returning Officer is required by
law to perform (other than duties in connection with the matters specially
provided for at paragraphs (2), (3) and (4) below).

Provided that the
borough constituencies of North-East Dublin, North-West Dublin and South Dublin
shall for the purposes of the foregoing provisions of this Part of this scale
be deemed to be a single borough constituency.

(2) To the Returning
Officer for receiving nominations, withdrawals, making returns to writs, etc.:—

For each member to
be returned in respect of the Constituency ... ... ... ...£s.d.

Constituency330

Subject to a minimum
fee of ... ... ... ...990

(3) To the Returning
Officer for despatch and receipt of ballot papers of postal voters:—

For every complete
100 postal voters or fraction thereof exceeding one-half on the register ...£

1s.

10d.

0

Subject to a minimum
fee of ... ... ...1100

(4) To the Returning
Officer for all duties appertaining to the counting of the votes in a
constituency:—

£s.d.

For the first 50,000
electors ... ... ... ...2500

For each complete
1,000 electors in excess of 50,000050

Provided that the
same Officer shall not be paid in respect of the counting of the votes of more
than one constituency.

2.In an Uncontested
Election.

(1) To the Returning
Officer or the Assistant Returning Officer one-third of the appropriate fee
mentioned at paragraph 1 (1) above.

NOTE.—The foregoing
payments for the services of a Returning Officer in an Election, whether
contested or uncontested, shall include any payments made to a Deputy Returning
Officer for the discharge of any duties of a Returning Officer which may be
assigned to him.

B.—DISBURSEMENTS OF RETURNING OFFICER.

Contested Elections.

(1) Taking the Poll

(a)Each Presiding Officer to include all expenses,
other than travelling expenses and subsistence allowances authorised by this
Scale ...£

3s.

0d.

0

(b)One Poll Clerk for each Presiding Officer ...1100

(c)An additional Clerk at a Polling Station to
which more than 600 Dáil electors are assigned ... ... ... ... ...1100

(d)To provide for emergencies, each Returning
Officer may appoint one Presiding Officer in addition to those authorised for
the taking of the Poll, provided that in the case where a constituency
comprises two or more portions, as mentioned in Part II (d) of this Scale, two
such additional Presiding Officers may be appointed. Such Presiding Officer may
be paid a retaining fee of £1 15s., which may be increased to £3 as provided
under (B) (1) (a) of the Scale if he is necessarily employed as a Presiding
Officer at an Election.

(2) Counting the
Votes.

For each complete
100 Electors—

i.Where the number of candidates nominated and
not withdrawn exceeds by one or two the number of candidates to be elected ...
...0310

ii.Where such number exceeds by three, four or
five the number of candidates to be elected044

iii.Where such number exceeds by six or more the
number of candidates to be elected ...0410

The total sum
payable, as ascertained in accordance with the foregoing Scale, may be
increased by one-twentieth in respect of each "count" beyond seven
(as defined in Rule 12 (9) in the Third Schedule to the Electoral Act, 1923),
provided that:—

Where, under Rule 7
(2) in that Schedule, the Returning Officer may in one operation exclude two or
more lowest candidates, such exclusions, although carried out separately, shall
only be regarded as one count in ascertaining the number of "counts"
for the purposes of this Order; and

No operation shall
be regarded as a "count" unless an actual transfer of papers is
required to be made and is made.

The total sum
ascertained in accordance with this scale, with an additional sum of £5 for
supervision and £2 10s. for calculations and transfer work, shall be divided at
the discretion of the Returning Officer between all competent persons appointed
to assist him in counting the votes.

(3) Miscellaneous.

(a)Clerical, legal and other assistance employed
by the Returning Officer or Deputy or Assistant Returning Officer for the
purposes of an election, excluding any services for which payment is otherwise
authorised by this Scale, and for all expenses of the Returning Officer not
otherwise authorised by this Scale—

For every complete
100 electors or fraction thereof exceeding one-half in the whole constituency or
portion thereof;£s.d.

In a county
constituency ... ... ...036

In a borough
constituency ... ... ...030

Together with one
sum of £30 in respect of assistance as aforesaid employed by the Returning
Officer; provided that where a Returning Officer acts for more than one
constituency the additional sum payable in respect of each constituency after
the first shall not exceed

In the case of a
contested election ... ...2000

In the case of an
uncontested election ... ...1000

(b)For the remuneration of persons engaged in the
despatch and receipt of postal voters' ballot papers—

For every complete
100 postal voters or fraction thereof exceeding one-half on the register ...1100

(c)Returning Officers' or Deputy or Assistant
Returning Officers' travelling expenses where necessary to make arrangements
for the poll, or otherwise in connection with the conduct of the election.First-class railway expenses, or where railway
service is not available, actual and necessary cost, with subsistence allowance
at the rate of 16s. a night if necessarily absent from home on account of duty.

Mileage expenses
shall be calculated as though journeys were taken from the County Courthouse of
the whole Constituency, or the portion thereof as described above.

(d)Traveling expenses of Presiding Officers and
Poll Clerks, excluding any expenses incurred in conveying the ballot boxes from
the polling station to the place where the votes are counted.Third-class
railway expenses, or, where railway service is not available, actual and
necessary cost with subsistence allowance at the rate of 6s. 6d. per night if
necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per
night if after 12 midnight.

(e)Travelling expenses of clerical or other
assistants employed by the Returning Officer or Deputy or Assistant Returning
Officer where necessary to make arrangements for the poll or otherwise in
connection with the conduct of the election.Third-class railway expenses, or, where railway
service is not available, actual and necessary cost with subsistence allowance
at the rate of 6s. 6d. per night if necessarily detained on account of duty
after 10.30 p.m., and 11s. 6d. per night if after 12 midnight.

(f)For the conveyance of polling screens, ballot
boxes, ballot papers, etc., in connection with the election.Actual
railway charges, or, where railway service is not available, actual and
necessary cost.

(h)For printing and providing notices, nomination
forms, and other documents required in and about the election or poll, and
costs of publishing same.As charged by
Stationery Office, or, where such printing is necessarily arranged for by the
Returning Officer, actual necessary cost.

(i)For expenses attending the use, or hire when
necessary, of any building or room for the purposes of the election.Actual
and necessary cost.

(j)For fitting up a polling station, including the
provision and fitting up of voting compartments, and the hire of the necessary
furniture where this is not otherwise obtainable.As charged by the Office of Public Works, or, if the work is done
locally, actual and necessary cost.

(k)For every ballot box required to be purchased,
hired, or repaired.As charged by the
Office of Public Works, or, if the work is done locally, actual and necessary
cost.

(l)For every stamping instrument required to be
purchased, hired, altered or repaired.As
charged by the Stationery Office.

(m)For stationery at each Polling Station.As charged by the Stationery Office.

(n)For copies of the Register, not exceeding five,
for each constituency.Actual cost.

(o)For general stationery, postage and telegrams,
and telephone messages.Actual and necessary cost.

Uncontested Elections.

(5) The whole
Election.

(a)For preliminary work undertaken in anticipation
of a contest, including clerical and other assistance.Actual and necessary cost
within the above Scale.

(b)For any necessary legal assistance prior to and
on the day of nomination.A fee not
exceeding £10 10s.

STATUTORY RULES AND ORDERS.

1937. No. 145.

No. 145/1937: PLEBISCITE (RETURNING OFFICERS' CHARGES)
ORDER, 1937.

WHEREAS it is
enacted by sub-section (1) of section 11 of the Plebiscite (Draft Constitution)
Act, 1937 (No. 16 of 1937). that every returning officer for a constituency
shall be entitled to his reasonable charges, not exceeding the sums specified
in the appropriate scale of maximum charges framed under that section, in
respect of services and expenses of the several kinds mentioned in the said
scale which have been properly rendered or incurred by him for the purposes of
or in connection with the plebiscite, and it is enacted by sub-section (5) of
the said section 11 that the Minister for Finance shall prescribe for the
purposes of that section a scale of maximum charges by returning officers for
constituencies:

NOW, the Minister
for Finance, in exercise of the powers conferred on him by sub-section (5) of
section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937),
and of every and any other power him in this behalf enabling, hereby orders as
follows:—

1.This Order may be
cited as the Plebiscite (Returning Officers' Charges) Order, 1937.

2.The Interpretation
Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like
manner as it applies to the interpretation of an Act of the Oireachtas.

3.The scale of
maximum charges for the purposes of section 11 of the Plebiscite (Draft
Constitution) Act, 1937 (No. 16 of 1937). to be paid to returning officers for
constituencies shall be the scale set forth in the Schedule to this Order.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

PART I.

1.In this Scale,
unless the context otherwise requires:—

(a)The expression " the plebiscite "
means the plebiscite to be taken in pursuance of the Plebiscite (Draft
Constitution) Act, 1937 (No. 16 of 1937);

(b)The expression " the general election
" means the general election of members of Dáil Eireann concurrently with
which the plebiscite is taken;

(c)The expression " constituency " means
any constituency named in the Eighth Schedule to the Electoral Act, 1923 (No.
12 of 1923). as amended by the Electoral (Revision of Constituencies) Act, 1935
(No. 5 of 1935);

(d)The expression " borough constituency
" means any constituency named in Part I of the said Schedule;

(e)The expression " county constituency
" means any constituency named in Part II of the said Schedule;

(f)For the purpose of ascertaining the maximum fee
or expense payable pursuant to an Article of this Scale the term "
Electors " means the number of registered Dáil Electors on the Register of
Electors for that portion of the constituency in respect of which the Returning
Officer or Assistant Returning Officer discharges the duties mentioned in such
Article.

2.Part II A of this
Scale shall not apply in the case of a County Registrar who is a Returning
Officer or an Assistant Returning Officer.

PART II.

A.—FOR SERVICES OF RETURNING OFFICER.

1.Where the poll at
the general election is contested.

The fees payable to
the Returning Officer or the Assistant Returning Officer under this head for
conducting the general election, under the scale for the time being in force,
shall be deemed to cover his fees for conducting the plebiscite, save that the additional
fees set out hereunder may be paid:—

(a)To the Returning Officer for despatch and
receipt of ballot papers of postal voters:—

(b)To the Returning Officer for all duties
appertaining to the counting of the votes in a constituency and certifying the
result to the Plebiscite Returning Officer ... ...£1000

2.Where the poll at
the general election is not contested:

(a)To the Returning Officer or the Assistant
Returning Officer for conducting the plebiscite, a sum equal to two-thirds of
the sum payable for the services of a returning officer or an assistant
returning officer for conducting a contested election at the general election,
under the scale for the time being in force, excluding (i) fees for receiving
nominations, withdrawals, making returns to writs, etc., (ii) fees in respect
of ballot papers of postal voters and (iii) fees in respect of the counting of
votes.

(b)To the Returning Officer for despatch and
receipt of ballot papers of postal voters:—

(c)To the Returning Officer for all duties
appertaining to the counting of the votes in a constituency and certifying the
result to the Plebiscite Returning Officer:—

For the first 50,000
electors ... ...£1000

For each complete
5,000 electors in excess of 50,000 electors ... ... ...100

B.—DISBURSEMENTS OF RETURNING OFFICER.

1.Where the poll at
the general election is contested.

(1) Taking the Poll.

The allowances for
disbursements in respect of Presiding Officers and Poll Clerks authorised under
this head in the scale for the time being in force in respect of the general
election shall be deemed to cover allowances for disbursements in respect of the
plebiscite, save that a further allowance of £1 10s. Od. may be paid in respect
of an additional Poll Clerk at a Polling Station to which more than 250
electors are assigned.

(2) Counting the
Votes.

For each complete
100 electors ... ...3s.10d.

(3) Miscellaneous.

The allowances for
disbursements in respect of miscellaneous expenses authorised under this head
in the scale for the time being in force in respect of the general election
shall be deemed to cover allowances for disbursements in respect of the
plebiscite save that an allowance for the remuneration of persons engaged in
the despatch and receipt of postal voters' ballot papers may be paid as
follows:—

For every complete
100 postal voters or fraction thereof exceeding one-half on the register ...£1100

Subject to a minimum
fee of... ... ...£1100

2.Where the poll at
the general election is not contested.

(1)Taking the Poll.

(a)Each Presiding Officer to include all expenses
other than travelling expenses and sub-sistence allowances authorised by this
scale£300

(b)One Poll Clerk for each Presiding Officer ...£1100

(c)An additional Clerk at a Polling Station to
which more than 600 Dáil electors are assigned ... ... ... ... ...£1100

(d)To provide for emergencies, each Returning
Officer may appoint one Presiding Officer in addition to those authorised for
the taking of the Poll, provided that in the case where a constituency
comprises two or more portions, as mentioned in Part I. 1 (f) of this scale,
two such additional Presiding Officers may be appointed. Such Presiding Officer
may be paid a retaining fee of £1 15s. which may be increased to £3, as
provided under B.2 (1)(a) of this scale, if he is necessarily employed as a
Presiding Officer at the plebiscite.

(2)Counting the
Votes.

For each complete
100 electors ... ... ...3s.10d

(3)Miscellaneous.

(a)Clerical, legal and other assistance employed
by the Returning Officer or Deputy or Assistant Returning Officer for the
purposes of the plebiscite, excluding any services for which payment is
otherwise authorised by this scale and for all expenses of the Returning
Officer not otherwise authorised by this scale—

For every complete
100 electors or fraction thereof exceeding one-half in the whole constituency
or portion thereof;

In a county
constituency... ...3s.6d.

In a borough
constituency... ...3s.0d.

Together with one
sum of £30 in respect of assistance as aforesaid employed by the Returning
Officer; provided that where a Returning Officer acts for more than one
constituency the additional sum payable in respect of each constituency after
the first shall not exceed £20.

(b)For the remuneration of persons engaged in the
despatch and receipt of postal voters' ballot papers—

For every complete
100 postal voters or fraction thereof exceeding one-half on the register£1100

Subject to a minimum
fee of... ...£1100

(c)Returning Officers' or Deputy or Assistant
Returning Officers' travelling expenses where necessary to make arrangements
for the poll, or otherwise in connection with the conduct of the plebiscite.First-class
railway expenses, or where railway service is not available, actual and necessary
cost, with subsistence allowance at the rate of 16s. a night if necessarily
absent from home on account of duty.

Mileage expenses
shall be calculated as though journeys were taken from the County Courthouse of
the whole Constituency or the portion thereof as described above.

(d)Travelling expenses of Presiding Officers and
Poll Clerks, excluding any expenses incurred in conveying the ballot boxes from
the polling station to the place where the votes are counted.Third-class
railway expenses, or, where railway service is not available, actual and
necessary cost with subsistence allowance at the rate of 6s. 6d. per night if
necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per
night if after 12 midnight.

(e)Travelling expenses of clerical or other
assistants employed by the Returning Officer or Deputy or Assistant Returning
Officer where necessary to make arrangements in connection with the conduct of
the plebiscite.Third-class railway expenses, or, where railway service is not
available, actual and necessary cost with subsistence allowance at the rate of
6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m.
and 11s. 6d. per night if after 12 midnight.

(f)For the conveyance of polling screens, ballot
boxes, ballot papers, etc., in connection with the plebiscite.Actual
railway charge, or where railway service is not available, actual and necessary
cost.

(h)For printing and providing notices and other
documents required in and about the plebiscite, and costs of publishing same.As charged by Stationery Office, or where such
printing is necessarily arranged for by the Returning Officer, actual necessary
cost.

(i)For expenses attending the use, or hire when
necessary, of any building or room for the purposes of the plebiscite.Actual
and necessary cost.

(j)For fitting up a polling station, including the
provision and fitting up of voting compartments and the hire of the necessary
furniture where this is not otherwise obtainable.As charged by the Office of Public Works, or, if the work is done
locally, actual and necessary cost.

(k)For every ballot box required to be purchased,
hired, or repaired.As charged by the
Office of Public Works, or, if the work is done locally, actual and necessary
cost.

(l)For every stamping instrument required to be
purchased, hired, altered or repaired.As
charged by the Stationery Office.

(m)For stationery at each Polling Station.As charged by the Stationery Office.

(n)For copies of the Register, not exceeding five,
for each constituency.Actual cost.

(o)For general stationery, postage and telegrams,
and telephone messages.Actual and necessary cost.